Draft Official Plan and Zoning By-law Amendments -

130 Gerrard Street East, 337 Jarvis Street and

12, 14, 16 and 18 Horticultural Avenue (Downtown)

The Toronto Community Council recommends that:

(1)the Draft By-laws attached to the report (January6,1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto, subject to receipt by the City Solicitor from the Owner of the subject lands of written confirmation (subject to the adoption and coming into force of the by-laws) that:

(a)Application No. 195011 to amend the Official Plan and Zoning By-law be withdrawn;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Plan and Zoning By-law) and the site-specific Zoning By-law appeals now before the Ontario Municipal Board will be withdrawn; and

(c)The Owner will not object to the designation of 337Jarvis Street and 130 Gerrard Street East under the Ontario Heritage Act;

(2)recommendations Nos. (1), (2) and (3) of the report (March7,1997) of the Commissioner of Urban Development Services of the former City of Toronto be adopted.

(3)the Council policy of the former City of Toronto which requires a Noise Impact Statement be waived.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Urban Planning and Development Services to indicate in her report on the designation of 337 Jarvis Street and 130 Gerrard Street East, which portions of the buildings are historical and which are more recent additions.

The Toronto Community Council further reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on January 20, 1999, and the Ms. Mary Flynn-Guglietti, Goodman and Carr, on behalf of the Toronto Baptist Seminary and the Trustees of the Jarvis Street Baptist Church, addressed the Toronto Community Council.

The Toronto Community Council submits the following report (January 6, 1999) from the City Solicitor:

Purpose:

This report provides the necessary draft official plan amendment and zoning by-law to permit the existing church, residential and seminary uses and their existing built form on the site of the Toronto Baptist Seminary and Jarvis Street Baptist Church.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications for the City.

Recommendations:

It is recommended that:

(1)the Toronto Community Council hold a Public Meeting in respect of the Draft By-laws in accordance with the provisions of the Planning Act;

(2)following the Public Meeting and in the event the Toronto Community Council wishes to approve the Draft by-laws, it could recommend that the Draft By-laws attached to the report (January6,1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto, subject to receipt by the City Solicitor from the Owner of the subject lands of written confirmation (subject to the adoption and coming into force of the by-laws) that:

(a)Application No. 195011 to amend the Official Plan and Zoning By-law 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; and

(c)The Owner will not object to the designation of 337Jarvis Street and 130 Gerrard Street East under the Ontario Heritage Act; and

(3)Recommendations Nos. (1), (2) and (3) of the report (March7,1997) of the Commissioner of Urban Development Services of the former City of Toronto be adopted; and

(4)the Council policy of the former City of Toronto which requires a Noise Impact Statement be waived.

Council Reference/Background/History:

The Land Use Committee of the former City of Toronto at its meeting of March27,1997, adopted the report (March 7, 1997) of the Commissioner of Urban Development Services of the former City of Toronto. The Committee also requested that because the application involves confirmation of the existing use of land and does not involve any new development that City Council policy which requires a Noise Impact Statement be waived.

Comments and/or Discussion and/or Justification:

The report (March 7, 1997) of the Commissioner of Urban Development Services of the former City of Toronto will be before your Committee at the meeting to be held on January20,1999. The report recommends the passage of a site specific zoning by-law to permit the existing uses and built form on the site.

Attached are the necessary draft by-laws which if enacted will give effect to the planning report which was before the Land Use Committee of the former City of Toronto.

An Official Plan Amendment has been incorporated into the report as it is necessary to amend the definition of lot to allow the site to be treated as one lot. The usual definition of lot would otherwise require each of the 6 buildings on the site to be assigned a separate lot. In addition, the overall building density on the site of 1.6 times the lot area exceeds the permission in the South of Carlton Part II Secondary Plan of 1.35 times the area of the lot. The Commissioner of Urban Planning and Development Services advises that the site is governed by the South of Carlton Part II Official Plan as a Medium Density Residence Area which permits a building density of 1.35 times the area of the lot. The reference in the March7,1997 planning report is to the Medium Density Residence Area in the Part I Plan which permits a building density of 2 times the area of the lot within the central area. I am advised that this clarification does not alter her conclusion that the existing buildings on the subject lands at an aggregate density of 1.6 times the lot area is an appropriate density and that it is desirable to amend the Official Plan and Zoning By-law to permit the use of the existing buildings at this density.

Conclusions:

The draft by-law report brings forward a draft official plan and zoning by-law for consideration pursuant to the actions of the Land Use Committee of the former City of Toronto.

Contact Name:

William Hawryliw, Solicitor

Telephone: (416) 392-7237

Fax: (416) 392-0024

E-mail: whawryli@toronto.ca

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DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To adopt an Amendment to the Official Plan for the former City of Toronto

respecting lands known as Nos. 130 Gerrard Street East, 337 Jarvis Street

and 12, 14, 16, and 18 Horticultural Avenue.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.The text and map annexed hereto as Schedule "A" are hereby adopted as an amendment to the Official Plan for the former City of Toronto.

2.This is Official Plan Amendment No. .

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SCHEDULE "A"

1.Section 18 of the Official Plan for the former City of Toronto is hereby amended by adding as Section 18.___ the following text and map:

"18.___Lands known as Nos. 130 Gerrard Street East, 337 Jarvis Street and 12, 14, 16, and 18 Horticultural Avenue.

Despite any of the provisions of Section 19.9, being Part II of the Official Plan for the South of Carlton Area, and of the definition of lot, Council may pass the by-laws respecting the lot shown on Map 18.___ to permit the use of the buildings existing in the year 1998 on the lot with a maximum gross floor area of 6600 square metres.

For the purposes of this amendment, lot means the lands shown outlined by heavy lines on the attached Map 18.___ on which is erected in the year 1998, 6 buildings."

(Map to be attached)

_________

DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend the General Zoning By-law No. 438-86 of the former City of Toronto with respect

to lands known as Nos. 130 Gerrard Street East, 337 Jarvis Street

and 12, 14, 16, and 18 Horticultural Avenue.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.None of the provisions of Sections 4(2), 6(1)(f)(b) or 6(3) Part I of By-law No. 438-86 of the former City of Toronto 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", as amended, shall apply to prevent the buildings existing in the year 1998 and the uses contained within such buildings in the year 1998, on the lot, provided the combined residential gross floor area and non-residential gross floor area of the buildings does not exceed 6600 square metres and the lot consists of at least the lands shown outlined by heavy lines on the attached plan.

2.For the purposes of this By-law:

(1)the word "lot", notwithstanding the definition contained in Section 2 of By-law No. 438-86, means the lands outlined by heavy lines on the attached Plan 1, whether or not the 6 existing buildings on the lot are joined above or below grade; and

(2)each word or expression which is italicised in this by-law, other than "lot", shall have the same meaning as each word or expression as defined in By-law No. 438-86, as amended.

The Toronto Community Council also submits the following report (March 7, 1997) from the Commissioner of Urban Planning and Development Services:

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; and

(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; and

(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.

________

Application Data Sheet

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

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

Dwelling Units					Floor Area Breakdown
Tenure:	Rental-Priv.				Land Use	Above Grade	Below Grade
Total Units:	24				Institutional	5715.2 m2	1811.0 m2
					Residential	2412.7 m2
					Parking	183.4 m2	246.1 m2

Proposed Density
Residential Density:	Non-Residential Density: 2.49	Total Density: 2.49

Comments

130 Gerrard St. E., and 337 Jarvis St. are listed as historical. The Total GFA includes the above and below parking areas. The 18 dormitory units contain a total of 69 dwelling rooms and there are also 6 family dormitory units.

Status:

Application Received.

Data valid:

March 3, 1995

Section:

CP East

Phone:

392-7333

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Appendix A

Minutes of the Public Meeting held by the

Planning Advisory Committee on Wednesday January 17, 1996

at 7:30 p.m. at the Jarvis Street Baptist Church

regarding Application 95011 for

130 Gerrard St. E., 337 Jarvis Street and

12, 14, 16 and 18 Horticultural Avenue

In Attendance:

Margaret Blair, Planning Advisory Committee

Babak Abbaszadeh, Planning Advisory Committee

Kyle Rae, City Councillor, Ward 6

Gregg Lintern, Planning and Development Department

Deborah Porte, Planning and Development Department

Robert Watson, Parks and Recreation Department

Mary Flynn-Guglietti, Goodman and Carr, Barristers and Solicitors

Dr. Daniel Lundy, Pastor, Jarvis Street Baptist Church

and approximately 90 members of the public

Comments:

Margaret Blair opened the meeting and introduced the participants.

Planner's Presentation:

Mr. Lintern explained the purpose of the meeting, the nature of the application and what amendments to the Official Plan and Zoning By-law were being sought. It was also noted that the Cityplan Official Plan and Zoning By-law was under appeal for this site as well as the site-specific application.

Mr. Lintern suggested that two questions were before the community for discussion: 1) the appropriateness of the existing church and seminary/dormitory uses and 2) the desirability of additional development on the site.

Applicant's Presentation:

Ms. Flynn-Guglietti reviewed the applicability of Cityplan policies to the application: 1) the revitalization of the core, 2) the desire to keep historic sites and 3) encouragement of mixed- use developments in the core. She described the nature of seminary and the need to expand the "learning part" of the building on site and house students. Ms. Flynn-Guglietti indicated that the proposal was not at a detailed stage yet as it was a long term plan.

Ms. Flynn-Guglietti reviewed the history of the discussions held with City staff about the Cityplan changes. On the suggestion of the City, the church provided massing drawings to bring an understanding forward of what the church required in terms of site-specific permission.

With respect to impacts, the applicant's shadow studies for June showed no impact while shadowing in December showed an impact on the park. This would be less an issue given existing shadows and low sunlight in the winter. Nevertheless, the massing of the proposed building had been stepped.

It is the intention of the application to provide clear rules for future development with detailed building design coming at a later stage. It was suggested that the parking situation would be improved. Ms. Flynn-Guglietti then summarized her remarks.

Discussion:

The discussion focused on several issues:

(1)Im pact on the Park: Concern was expressed from many community members that the development would have a negative impact on the park in the following ways:

(a)shadowing on the park space and on the adjacent greenhouse;

(b)impact on the trees because of less light, drainage and construction damage;

(c)principle of not building next to the park is paramount; the park is a City resource, growing importance for residents, workers and tourists;

(d)history of the park has been incremental expansion; proposal goes against this progress; the church site should be purchased by the City or a land/building swap should take place;

(e)building is out of scale with the park; seven storey building is inappropriate and intrusive, would denigrate from its role as something which gives relief to the community; and

(f)some people view the subject site as part of the park already.

Robert Watson addressed the parks issues: there will be impact on approximately 20 trees; a tree preservation plan will be required; restoration of the park by the applicant will be required; shadow issues of concern especially with respect to the westerly greenhouse which is affected by sunlight patterns.

(2)Role in the community: There was a discussion about who uses the church, its role in the community, the service it provides and the seminary/dormitory function.

Ms. Flynn-Guglietti stressed on behalf of the church that it was part of the community. Members of the church also spoke to the issue.

Pastor Lundy indicated that 400 people use the church on Sunday morning and about 200 on Sunday evening. As well there was an afternoon service of about 80 people. People come from the immediate area and from up to 45 minutes away by car.

The issue of realty tax exemption was also discussed.

(3)Built Form and development issues: Setbacks from the park and from the church were discussed; concern about the nature of the area between the church and proposed building; parking entrance options including safety and accessibility.

(4)Zoning issues: A concern was raised about granting the zoning change for a future development.

(5)Heritage issues: Concern was expressed that the church had not yet been designated and that demolition would be threatened.

Councillor Rae addressed the meeting. He expressed the opinion that his preferred option would be to incorporate the site into Allan Gardens given that the history of Allan Gardens had been one of incremental land acquisition. His concerns included: viewing the needs of the church separately from the needs of the seminary (this would take pressure off this site); seven storey building inappropriate, will negatively impact the park, impacts go beyond massing concerns, diagrams difficult to form opinion on because of lack of detail.

Councillor Rae suggested that 179 Gerrard Street East, owned by the City, would make a good residential location for the seminary dormitory needs and be a more effective way of dealing with the housing needs of the church and the community concerns about the park.

Councillor Rae summarized by indicating that he was opposed to the application and that he supported other solutions to meeting the housing needs of the church.

Ms. Flynn-Guglietti indicated that the submissions were appropriate to determine a Official Plan and Zoning By-law amendment and that she hoped that some concerns expressed by the community could be addressed.

Mr. Lintern concluded by advising the meeting that the issues raised would be taken into account as the City's review of the application continued.

The meeting was adjourned at 9:40 p.m.

Insert Table/Map No. 1

Zoning Designations - 130 Gerrard St., 337 Jarvis St. & 12,14,16,18 Horticult.

Insert Table/Map No. 2

Zoning Designations - 130 Gerrard St., 337 Jarvis St. & 12,14,16,18 Horticult.

The Toronto Community Council also submits the following report (April 3, 1997) from the former City of Toronto Land Use Committee:

At its meeting held on March 27, 1997, the Land Use Committee had before it a report (March7,1997) from the Commissioner of Urban Development Services, respecting a 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).

Mary Flynn-Guglietti, Goodman and Carr, Barristers and Solicitors, addressed the Committee.

The Committee adopted the report (March 7, 1997) from the Commissioner of Urban Development Services.

The Committee also requested that, because the application involves confirmation of the existing use of land and does not involve any new development, the City Council policy which requires a Noise Impact Statement be waived.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the communication (January 5, 1999) from Mr. C. Tim Devlin, which was forwarded to Members of Council under separate cover.