310 AND 320 TWEEDSMUIR AVENUE - FINAL REPORT

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS

APPLICANT: WALKER NOTT DRAGICEVIC;

OWNER: GOLDLIST PROPERTIES INC.

Ward 28, York Eglinton.

Director, Community Planning, West District

(June 28, 1999)

Purpose:

To report on the Official Plan Amendment and Rezoning applications for 310 and 320 Tweedsmuir Avenue for 286 condominium units in two 25-storey towers which involve the demolition of 246 existing rental units in two 12 storey buildings.

Financing Implications:

There are no financial implications stemming from this report.

Recommendations:

It is recommended that:

1.the application for 310 and 320 Tweedsmuir Avenue be refused and that the applicant be advised that City Council would be willing to consider a revised application that addresses the issues outlined in this report;

2.The City Solicitor and the staff of Urban Planning and Development Services, together with any other appropriate staff, be instructed to attend the Ontario Municipal Board to defend Council's position in opposition to the applications for Official Plan Amendment and rezoning respecting 310 and 320 Tweedsmuir Avenue; and

3.The appropriate City Officials be authorized to undertake any necessary action to give effect thereto.

Background:

In 1995, following York Council's adoption of the Oakwood Vaughan Secondary Plan, the owner, Goldlist Properties, appealed the provisions of the Secondary Plan to the Ontario Municipal Board (OMB), prior to the submission of the subject application in July 1998. A date for hearing this appeal has been set by the Board for September 27, 1999. A Pre-hearing Conference has been also scheduled for July 30, 1999, to finalize the procedural order for the hearing and to consider any additional motions to be brought before the Board. On May 17, 1999, the proponent appealed the subject application to the OMB to be consolidated with the hearing on the Oakwood Vaughan Secondary Plan.

In addition, the applicant, together with 19 other appellants of Official Plan Amendment No. 2 (or OPA2 - the City's Official Plan amendment regarding the conversion to condominium and demolition of rental housing) have obtained a motion date commencing July 21, 1999, for the purposes of obtaining a determination from the OMB as to the legal validity and applicability of OPA2.

Given this timetable, the July 15, 1999 meeting of York Community Council and the subsequent July 27, 28, 1999 meeting of City Council are the last opportunities for Council to consider a report and give direction to staff on these matters prior July 30, 1999, Pre-hearing Conference and the September 27, 1999 Ontario Municipal Board Hearing.

Description of the Proposal:

The site is located within the Oakwood Vaughan Secondary Plan area at the southwest corner of Heath Street and Tweedsmuir Avenue (See Appendix 1 - Location Map), and presently has two 12-storey rental apartment buildings with 246 units. Of the 246 existing units, the owners advise that the buildings contain 144 rental units and 102 hotel suites that are exempted from rent control and which are rented on a short-term lease basis.

The application for an Official Plan Amendment and Rezoning was filed on July 30, 1998. The applicant is proposing to demolish the two existing rental buildings and replace them with two 25-storey condominium apartment towers and 36 townhouse units, for a total of 286 units. (See Table 1 - Project Information).

The current application consists of two 25-storey towers facing Tweedsmuir Avenue and connected at the second level by a recreation complex. The 36 four-storey proposed townhouse units face Heath Street, St. Michael's playing fields and Holy Rosary Catholic School. The proposed towers and townhouses would enclose an internal landscaped courtyard. All parking is to be provided below-grade and accessed from Tweedsmuir Avenue by a driveway between the two towers (See Appendices 2 - Site Plan and 3 - Elevations).

TABLE 1 - PROJECT INFORMATION

Official Plan:High Density Residential - maximum floor space index of 3.0

Zoning:RM2 - maximum floor space index of 2.5 and height of 8 storeys

Site Area:0.9226 hectares (2.2 acres)

Existing Use:two 12-storey rental apartment buildings with 144 rental units and 102 short-term rental units

Proposed Use:two 25-storey condominium apartment buildings with 250 units and 36 townhouses around the perimeter of the site. Total 286 units

Average Apartment140 m² (1,500 ft)

Average Townhouse149 m² (1,600 ft)

Proposed GFA45,066 m² (485,100 ft²)

Proposed FSI4.9 floor space index

Proposed UPH310 units per hectare

HeightApartment Buildings - 25 storeys (67 metres)

Townhouses - 3 and 4 storeys (11.7 metres)

Proposed Parking358 spaces in an underground parking garage

The proposal shows 5 units per floor in the high-rise buildings, each approximately 140 m²/unit (1,500 ft²) in size.

The surrounding uses are as follows:

West:St. Michael's College playing field;

South:Holy Rosary Catholic School;

East:Apartment buildings ranging in height from 15 to 25 storeys; and

North:Apartment buildings ranging in height from 17-18 storeys.

Application Chronology:

Following its submission in July 1998, the application was circulated to other departments and agencies for their review. A preliminary staff report on the matter was submitted to the York Community Council at its meeting of November 1998. This report identified a range of issues, including the potential loss of rental housing. The report noted that the application would be subject to emerging City policies on condominium conversion and demolition of rental housing.

A Public Information Meeting on the application was held on November 11, 1998. A further meeting was held with the community on March 30, 1999 to provide an overview of the planning process. Concerns raised by the community are discussed further in this report.

The applicant submitted the required information concerning the application in February through April 1999. As noted above, on May 17, 1999, the proponent appealed the subject application to the OMB to be consolidated with the hearing on the Oakwood Vaughan Secondary Plan, the date for which has been set for September 27, 1999. In addition, the applicant, together with 19 other appellants of OPA2 have obtained a motion date commencing July 21, 1999, for the purposes of obtaining a determination from the OMB as to its legal validity and applicability.

Comment:

Overview of Official Plan and Zoning By-Law Provisions:

This section of the report takes a closer look at the current planning framework with respect to the applicant's proposal.

City of York Official Plan and Zoning By-law:

As indicated, the site is designated High Density Residential in the City of York Official Plan. This designation allows apartment buildings in the range of 125 to 300 units per hectare, with a floor space index of up to 3.0 (Section 9.20). The current zoning of the site is RM2, which allows a maximum floor space index (f.s.i.) of 2.5 and a maximum height of 8 storeys. At a proposed density of 310 units per hectare and an f.s.i. of 4.9, the application would require both an Official Plan Amendment and a Rezoning.

The Official Plan provides opportunities for greater increases in density, subject to the provisions set out in Sections 9.20 and 9.22 of the Plan. Locations in the vicinity of subways may be candidate sites where the site has the capability for accommodating the intensified use, height and density, and where the development is integrated to ensure compatibility with adjacent uses.

Section 9.22 further stipulates that among the factors to be considered in assessing the applications for high-density residential development is the ability of the site to accommodate affordable housing or other needed types of housing, among other matters. Section 9.6 addresses Council's policies to encourage at least 25% of new housing production to be affordable. Both sections of the York Official Plan refer to Bonus Zoning, under Section 37 of the Planning Act, as the appropriate vehicle for permitting higher densities in exchange for affordable housing and public amenities.

The Official Plan contains general provisions (Section 4.9) which encourage diversity in form and tenure of housing, emphasizing the production of ownership housing. However, it also provides criteria in Section 9.7 b to restrict the conversion of rental housing to condominiums, as a means of preserving rental housing stock, and to discourage unnecessary or premature loss of housing through the use of demolition control.

The Oakwood Vaughan Secondary Plan, in which this site is located, does not contain any specific provisions relating to the site. However, the Secondary Plan (Section 21.11.4.5) removes the ability to use bonusing to add community benefits in exchange for increased density or height within its boundaries. A summary of relevant City of York Official Plan policies is provided in Appendix 5.

The Metropolitan Toronto Official Plan:

In addition to provisions related to affordable housing, Policy No. 125, states that it is the policy of Council to encourage the investment in new private rental housing and the preservation and maintenance of existing rental housing and to support provincial and federal policies in this regard.

Current Policies of the Amalgamated City of Toronto:

In 1998, the Province of Ontario repealed the Rental Housing Protection Act (RHPA) and enacted the Tenant Protection Act, which does not provide a provincially mandated approval process with respect to conversions and demolition of existing rental stock.

In recognition of the fact that:

1.policies to encourage retention and conservation of the existing stock of private rental housing (for example through discouraging demolition and conversion) represent good planning;

2.the Provincial Policy Statement directs that all planning jurisdictions in the province provide for a full range of housing types and densities to meet projected demographic and market requirements of current and future residents by a variety of means, including encouraging housing forms and densities designed to be affordable to moderate and lower income households; and

3.more than half of the residents of the City (52.5%) live in rented accommodation and the current rental vacancy rate across the City is approximately 0.8 percent.

The Commissioner of Urban Planning and Development Services reported to Council in June 1998, regarding the potential loss of rental housing. She was directed to review and report back on the matter by early fall of 1998 on appropriate City-wide policies and procedures respecting condominium conversion and the demolition of rental housing.

City Council, at its meeting of March 2, 3, and 4, 1999, approved draft official plan amendments regarding the conversion to condominium and demolition of rental housing (i.e. OPA2) and on April 15, 1999, City Council adopted by by-law, the above-noted Official Plan Amendments. The new City policies also reflect ongoing initiatives to harmonize the policies and practices of the former municipalities with regard to the preservation of rental housing.

The policies related to the demolition of rental housing adopted by Council are as follows:

Policy 135.4 -to seek the retention of rented residential units, except where the whole or part of a building which contains such units is in the opinion of the Chief Building Official structurally unsound, and to consider, where appropriate, acquiring or leasing a property where such units are at risk of being demolished.

Policy 135.5 (a) -when considering redevelopment applications involving the demolition of rented residential units, to seek the replacement of the demolished rental units with rental units of a similar number, type, size and level of affordability in the new development, and/or alternative arrangements, which in the opinion of Council are consistent with the intent of this policy; and

Policy 135.5 (b) -when considering such applications in the context of an increase in height and-or density, to secure such replacement units and/or alternative arrangements through an appropriate legal agreement under Section 37 of the Planning Act.

These policies will assist City Council in meeting its goal of no net loss of rental housing as recommended by the Mayor's Homelessness Action Task Force which identified the decreasing supply of low-cost rental housing as one of the six major barriers that have prevented effective solutions to homelessness in the City. When in force, these provisions will supercede provisions in existing Official Plans regarding conversion/demolition of rental housing. As noted previously, these provisions are currently under appeal. Nevertheless, they represent an implementation and continuum of currently in force official plan provisions and form a context within which this application should be considered.

Appraisal of the Application:

This section of the report provides an overview of some of the key considerations, which have been identified in reviewing the application.

In support of the application, the applicant submitted information with regard to traffic, parking, the location of community services in the area, existing rents and housing data in response to both the Metropolitan and York Official Plans.

Agency Response:

The Buildings Section, Toronto Public School Board, and Parks Division did not forward comments. The Toronto Region Conservation Authority has no objection.

Works and Emergency Services indicated that the existing street network could accommodate the increased traffic. In addition, the applicant must prepare a recycling program and submit a storm water management study for the development.

The Fire Protection Division requires that access requirements be addressed.

Toronto Hydro required the applicant to contact the Commission about the project's electrical requirements.

The Toronto Separate School Board is concerned with construction and its effect on the adjacent school property and indicates that it objects to the Official Plan and Zoning By-law Amendments due to lack of permanent facilities and overcrowding at the Holy Rosary Catholic School.

Policy Considerations:

As discussed above, to seek an increase in density from the existing 1.9 f.s.i. to the proposed 4.9 f.s.i., the York Official Plan sets out a number of criteria which must be reviewed when assessing applications for increases in density. It is noted that the site is located in close proximity to the St. Clair West subway station with convenient access to shops and services. In terms of the impact of the proposal on hard and soft services, the review of information submitted by the applicant has identified few problems with existing hard and soft services, with the exception of school capacity at the adjacent Holy Rosary Catholic School.

However it is clear from the York Official Plan that considerations of increased density beyond 300 u.p.h. and 3.0 f.s.i., as set out in Sections 9.20 and 9.22 of the Plan, are also related to the provision of affordable or other needed types of housing, as well as an appropriate built form. Of paramount importance in this instance is that the higher densities sought by the applicant involve the loss of 246 units of rental housing.

While the application addresses the general provisions in the York Official Plan encouraging ownership production, it does not address the issue of diversity in tenure of housing on site, nor does it reflect the policies addressing the provision of affordable housing and the preservation of rental stock. According to 1998 data that the applicant supplied from the Canada Mortgage and Housing Corporation (CMHC), the vacancy rate for rental apartments in the former City of York was 0.8 percent, which is consistent with the City-wide rate, and reflects the scarcity of rental supply. The current proposal, which provides for luxury units at an average of 145 m2 (1,560 ft2), makes no provision for affordable ownership or rental housing.

When City Council passed OPA 2, it also provided for the repeal and replacement of the existing York provisions (Section 9.7) with regard to conversion of rental housing. Through OPA 2, staff are directed to seek the replacement of the rental units proposed for demolition with rental units of a similar number, type, size and level of affordability in the new development, and/or alternative arrangements.

The current application is for a condominium form of tenure. The site is large enough to accommodate a reasonable replacement of the 246-unit rental building, as well as adding a condominium development. It is the opinion of planning staff that the applicant should include this rental component in the development proposal and that it should be appropriately secured.

Of the 246 existing units, 102 have been classified as Aapartment hotel suites@. These suites are typically short-term rentals and the rents were not regulated under the Residential Rent Regulation Act or the superceding Rent Control Act. The applicant has requested that these units should not be considered in determining the number of rental units that are required to be replaced as a result of OPA No. 2. It is staff's position that they should be considered for replacement as they form part of the City's rental housing stock.

Site Design and Density:

In addition to the policy concerns, staff has reviewed the application in terms of its compatibility with adjacent areas and the appropriateness of the proposed scale, massing, street relationship, heights, building profiles and shadow impact. Subsection 9.22 requires that in order to support an increase in density the development must be carefully integrated to ensure that it reflects the opportunities and constraints of the location and will result in a compatible built form with adjacent areas.

The current proposal places the two towers along the Tweedsmuir frontage with the townhouses ringing the site to the rear of the building (See Appendix 2 - Site Plan). The two towers are slab buildings that rise from grade with no building setbacks. There is no gradation of height from the two 25 storeys to the townhouses on site, and an abrupt transition from the southerly tower to the adjacent two-storey school building.

With regard to shadow impact, there is an increase in shadow from the development on adjacent buildings to the east and north (see Appendix 4 - Shadow Study) which will create a negative impact on these sites.

For these reasons, staff find the design and scale of the current proposal unacceptable. Staff has, however, reviewed the site in some detail and feel that there is sufficient opportunity within the 0.92 hectare (2.2 acre) site to achieve a satisfactory site design that relates better internally and to the neighbourhood, and which can accommodate both rental and ownership housing.

Staff has met with the applicant to discuss the concerns with respect to site design, density, and replacement of the rental units. To date, these matters remain unresolved. It is hoped that discussions with the applicant can continue. However, Council direction is required so that staff can attend the Pre-hearing Conference on July 30, 1999, and the Ontario Municipal Board Hearing which begins September 27, 1999, to defend Council's position on the application.

Community Consultation:

As noted above, public information meetings were held on November 11, 1998, and March 30, 1999. The residents living at 310 and 320 Tweedsmuir and people living in the surrounding community identified a number of issues. The building residents, many of whom have lived in the building for a number of years, are very concerned about the loss of their housing and the need to make alternative arrangements in the face of a tight rental market.

The surrounding community's concerns include the application's height and density, shadow impact, the increased amount of traffic as well as protection for the building's residents and the need for a tenant relocation plan. These issues were highlighted at the first community meeting and have been repeated at subsequent meetings. Comments on these matters are provided in this report.

Tenant Relocation:

The rental buildings were constructed in 1963. Some of the existing tenants have lived in the buildings since that time and many others are long-term renters.

We are advised by the applicant that they have given notice to the tenants which meets the requirements of the Tenant Protection Act, and have offered an enhanced payment in addition to that required by the Act provided the tenants agree to vacate their units by August, 1999. The applicant also advises that they have offered to make other rental units available. However, these units are not in proximity to the subject site, and staff have been advised that the Tweedsmuir tenants have expressed a desire to remain in the area.

Conclusion:

Staff have reviewed the application from Goldlist Properties to amend the York Official Plan and Zoning By-law in order to permit the construction of two 125 unit condominium towers and 36 townhouses at a proposed density of 310 u.p.h. and 4.9 f.s.i. While it is recognized that the site is located near a subway station, and is of a reasonable size to support some level of intensification, the current proposal does not otherwise meet the criteria of the Official Plan for an increase in density. It does not address the retention or replacement of rental housing, the provision of affordable units, and the compatibility of the project within the context of the surrounding area and internally with respect to scale, massing, and density. Therefore staff recommend refusal.

Redevelopment of this site should be dependent on the reasonable replacement of 246 existing rental units that are of similar type, size, and level of affordability as currently provided for at this location within an appropriate site design that also provides for ownership housing.

Staff has advised the applicant that the City is willing to keep the lines of communication open in order to resolve outstanding matters. Should a revised application, which addresses the issues identified in this report, be forthcoming, a supplementary report will be forwarded to Council. In this event, it is recognized that relief from the restriction on bonusing contained in the Oakwood/Vaughan Secondary Plan may need to be further considered.

Contact Names:

Wendy Johncox, MCIP, RPP

Senior Planner

Tel: (416) 394-2868Fax: (416) 394-2782

Helen Bulat

Principal Planner

Tel: (416) 394-8229Fax: (416) 394-6063

Appendix 5

Policies within the City of York:

The City of York Official Plan contains policies which speak to the preservation of rental housing and the diversification of housing types and tenure, including the accommodation of affordable housing. The City of York Official Plan policies can be summarized as follows:

Section 4.7 encourages the production of a full range of housing types;

Section 4.9 encourages diversity in form and tenure of housing, emphasizing the production of ownership housing;

Section 9.6 recognizes High Density Residential Areas as being suitable for housing intensification and seeks to provide greater housing production in co-operation with both private and public housing providers;

Section 9.6 a)encourages and enables at least 25% of new housing production to be affordable housing;

 Section 9.7 a)by reference to Appendix 1- City Procedures, Specifications and Requirements for Condominium Housing requires that each condominium application be considered on its own merits with reference to current City policies and criteria;

Section 9.7 b)provides criteria for assessing conversion of rental to condominium, which include having regard for the following matters in considering an application:

the overall mix of rental and freehold housing in the City;

the availability of rental housing in the general area of the application; and

the vacancy rate for rental housing in the City;

Section 9.8discourages unnecessary and premature removal of housing and provides for the utilization of demolition control to further this end; and

Section 9.20permits high density ranges and situations where densities can be exceeded:

-in vicinity of a subway station

-for seniors housing

-high coverage, low profile buildings

-through the bonusing provisions in Section 9.22

Section 9.22establishes factors for consideration in assessing an application for high density residential development, among them; the capability of the site to accommodate affordable housing or other needed types of housing as indicated by any established housing targets or identified through the implementation provisions of sub-section 24.7 and the potential for altering the proposed development in order to accommodate such types of housing.

Oakwood Vaughan Secondary Plan

Section 21.11.C.4.5prohibits bonusing in the High Density Residential Areas within the Secondary Plan boundaries.