Principles of Development Report - Official Plan and

Zoning Amendment Application UDOZ-95-19 and Plan of

Subdivision UDSB-1224 - Greatwise Developments Corporation -

305-308 Poyntz Avenue and 314-317 and 325 Bogert Avenue -

North York Centre

The North York Community Council recommends that the following report (March15, 1999) from the Acting Director, Community Planning, North District, be adopted with the provision that the Chief Planner, in co-ordination with the City Solicitor, report in conference, directly to the next meeting of City Council scheduled for April 13, 1999, on the required funding to support specialized resources and technical expertise in the context of the upcoming Ontario Municipal Board hearings dealing with the potential demolition of existing rental housing:

Purpose:

The purpose of this report is to establish principles of development for the applications filed by Greatwise Developments Corporation for the redevelopment of lands on the south side of Sheppard Avenue West, west of Easton Road. These applications are the subject of a pre-Hearing of the Ontario Municipal Board on April 16, 1999.

The applicant's lands currently are occupied by 416 rental apartment units which would be demolished under the applicant's proposal. This report outlines the North York and Metro Official Plan policies regarding the retention of rental housing and residential intensification and also establishes a framework to apply the new Official Plan policies recently approved by Council. Council has the authority to use its Official Plan policies to restrict the loss of its rental housing stock. This report establishes land use, built form, site organization and transportation principles which will form the basis of a complete evaluation of the proposal when the applicant has perfected their application and submitted the required studies.

Recommendation(s):

It is recommended that:

(1)development of the lands at 305-308 Poyntz Avenue and 314-317 and 325 Bogert Avenue be evaluated further on the basis of the Principles of Development described in the attached Appendix "1";

(2)city officials be authorized to work with the applicant within the parameters established through the Principles of Development and report further to Council prior to any scheduled hearing of the Ontario Municipal Board on these private appeals;

(3)a final report on these applications be prepared when the applicant has perfected their applications and submitted all of the required background studies identified in this report and that staff give Notice of a statutory Public Meeting at the appropriate time; and

(4)the Ontario Municipal Board be advised that the scheduling of a Hearing on the private appeals of this applicant is premature at this time.

Background:

The development applications were first filed in 1995 accompanied by a concurrent application for Demolition under the Rental Housing Protection Act 1989. A community information meeting on the original application was held on January 15, 1996, at the North York Civic Centre, attended by approximately 280 area residents and tenants. At that meeting, community concerns were raised with respect to the increased density, the overall height of the building, the potential for increased traffic infiltration through the local neighbourhood, the adequacy of parking, the potential impact on local community services such as schools and park space, and the tenant concerns with loss of their homes.

Subsequently, the various applications were held in abeyance at the request of the applicant. The development applications were not perfected and much of the required documentation in support of the original proposal was not submitted, including a traffic impact study. The application under the Rental Housing Protection Act (UD53DE-95-001) was withdrawn by the applicant on December 15, 1997 because of the repeal of the Rental Housing Protection Act under the Tenant Protection Act, 1997. It is the submission of the applicant that their proposals are not captured under the Transition clause 223(10) of the TPA and consideration of their development proposals no longer is dependent upon a first disposition of the demolition application under the RHPA.

Revised plans were submitted by the applicant in July 1998 and have been circulated. However, the application still has not been perfected to the point where a planning recommendation can be finalized and the required supporting studies including a transportation study, and preliminary engineering report are outstanding.

In October 1998, the applicant filed appeals of official plan and zoning amendment application UDOZ-95-19 and subdivision application UDSB-1224 on the grounds that the City of Toronto had refused or failed to approve the requested amendments. At its meeting of December 9, 1998, Community Council received an information report on these appeals. The Ontario Municipal Board has scheduled a pre-hearing conference on the appeals for April 16, 1999. It is necessary for the City take a position on the applications which can be presented at the pre-hearing.

On March 11, 1999, the applicant circulated a revised Official Plan and Zoning Amendment and proposed plan of subdivision with their notice of the Ontario Municipal Board hearing. (see Schedule "P") The notice indicates a proposed residential gross floor area of 121,910 m² with 1,387 dwelling units of which 292 units are rental with a proposed floor space index of 2.96 excluding the valley portion of the site. This revision has not officially been submitted to the City for review and the applicant has not provided a new site plan or supporting studies. This revision has therefore not been circulated to the commenting departments and agencies. This report is structured around the applicant's proposal currently on file with the City.

Proposal:

The revised application, received in July 1998, proposes amendments to the Official Plan and Zoning in order to permit a total of 1,260 new residential units and a community centre, at a net site density, excluding the valley land portion of the site, of 2.68 FSI. The existing 416 unit rental apartment building which is currently developed at a density of 1.05 FSI, excluding the valley lands, and 8 single detached dwellings would be demolished. The subdivision application proposes the division of the site into seven blocks and the laying out of new public roads.

The proposal includes six apartment buildings with a total of 1,194 units, ranging in height from 2 to 19 storeys, including 924 condominium apartments, 140 rental apartments and 130 seniors rental apartments. The southern and eastern edges of the site would be ringed with 3-storey townhouse units. No information is available at this time as to the affordability level of the proposed rental units.

A 2-3 storey community centre is proposed to be located abutting Easton Road, immediately south of an existing medical office building at 307 Sheppard Avenue East. The applicant is proposing new public roads to serve the development, with a direct access to Sheppard Avenue, and additional accesses to Easton Road by means of extensions to the existing ends of Poyntz Avenue and Bogert Avenue.

Pertinent site statistics are set out in Appendix "2A" - Comparison of Original Proposal and Revised Proposal, and Appendix "2B" - Comparison of the Existing Uses and the Revised Proposal.

Location and Existing Site:

The site is located south of Sheppard Avenue West, west of Easton Road. It is currently developed with a 1 to 6 storey rental apartment building with 416 units at 325 Bogert Avenue, and 8 detached dwellings at 305-308 Poyntz Avenue and 314-317 Bogert Avenue.

The existing apartment building at 325 Bogert Avenue, constructed in 1965, has a gross floor area of 43,329 m² (466,413 ft²) and a density of approximately 1.0 FSI (tableland portion) and 100 uph (40 upa). Zoning compliance of the existing use requires the inclusion of lands below the top of bank as part of the calculable site area.

There are existing single detached dwellings to the north, south and east. The surrounding residential area south of Sheppard Avenue is centred on Cameron Public School. The commercially designated lands fronting on Sheppard Avenue to the east are occupied by a variety of small scale office uses. The site directly abuts a two-storey medical office building at 307 Sheppard Avenue West, at the southwest corner of Sheppard Avenue and Easton Road.

Earl Bales Park abuts the site to the west, and there are also valley lands opposite the site to the north of Sheppard Avenue.

Planning Controls:

Official Plan:

The site has four land use designations in the Official Plan. The lands at 325 Bogert Avenue are designated Residential Density Three (RD3),Valley Open Space (VOS), and Commercial (COM). The RD3 designation permits all forms of residential development including low-rise apartment buildings, and certain institutional type uses such as retirement homes, homes for the aged, nursing homes and crisis care facilities, at a maximum density of 100 units per hectare (40 units per acre).

The VOS designation applying to the valley land portion of the lands permits outdoor recreational uses and essential public works only. The Valley Land Impact Zone (V.I.Z.) bisects the property east of the VOS designation. Council has established policies for developments within the V.I.Z. to help maintain the natural features of the valley edges.

The COM designation applies to a small portion of the site which abuts the property at 307 Sheppard Avenue East. These commercial lands are governed by Part D.4, the Sheppard Avenue Commercial Area Secondary Plan, which permits office uses, detached dwellings, institutional uses and financial institutions, at a maximum density of 1.0 FSI.

The lands at 305-308 Poyntz Avenue and 314-317 Bogert Avenue are designated Residential Density One (RD1). This designation permits single detached dwellings at a density of 20 uph (8 upa) and semi-detached dwellings at a density of 30 uph (12 upa).

The Residential portions of the site are subject to the existing policies in Part C.4 (Housing) of the North York Official Plan, which contain approved policies related to the retention of rental housing, and criteria to guide the redesignation of residential lands to higher densities. In addition, Council has approved a new City-wide policy on condominium conversion and demolition of rental housing. The existing and emerging policies and their relationship to the application are discussed below and in Appendix "4" to this report.

Zoning:

The site currently has four zoning categories: the lands at 325 Bogert Avenue are zoned RM3 (Multiple-Family Residential Third Density Zone), which permits townhouses and apartments at a density of 0.75 times the lot area and a height of 9.2 metres; 01 (Open Space Zone) which permits recreational uses, schools and day nurseries: and C6 (Special Commercial Zone) which permits primarily office uses and single detached dwellings at 1.0 times the lot area. The lands at 305-308 Poyntz Avenue and 314-317 Bogert Avenue are zoned R4 (One Family Detached Dwellings Fourth Density Zone) which permits single detached dwellings on lots with a minium lot frontage of 15 metres (49 feet).

Community Consultation:

While no formal public consultation meeting has been arranged to discuss the revised proposal, the ward Councillors convened a community meeting on February 24, 1999, to discuss the revised application which was attended by approximately 30 area residents. The area resident concerns expressed at this meeting were with respect to density of the project, with a desire that the project be reduced in size. The neighbourhood residents were also concerned with visitor parking overflow on local streets, traffic infiltration through the neighbourhood, the stability of the valley slope, impacts on the neighbourhood, and the plight of the existing tenants, even if some rental units were replaced.

A community meeting with the tenants of the building has also been scheduled and notes from that meeting will be available at the time of the Community Council consideration of this report.

A statutory public meeting can be scheduled when the applications have been perfected and a final report is prepared.

Discussion:

Principles of Development:

Appendix "1" to this report summarizes the Principles of Development which should be used by the applicant and the City to perfect these applications. In particular the following key considerations should be paramount:

• redevelopment of this site should be dependent upon a 100% replacement of 416 rental units which are of a similar type, size and level of affordability as currently provided at this location; this will ensure that the residents of the community have access to a range of housing opportunities in their local neighbourhood; any final report should identify the range of options which will be made available to the existing tenants to be relocated or accommodated in new rental units with minimal disruption;

• in considering the distribution of density and appropriate built form on the site, the perimeter treatment along Sheppard Avenue West should take into account the low rise Sheppard Avenue Commercial Area; the perimeter treatment along Easton Road should take into account the single family neighbourhood on the opposite side of the street; a landmark building should address the larger valley land horizon with appropriate transition to Sheppard Avenue;

• transportation impacts and the provision of adequate hard and soft services will dictate the feasibility of development; and

• urban design and built form considerations will dictate the appropriateness of the design for development.

Retention of Rental Housing Policies:

The prime city objective is to preserve and maintain the supply of residential buildings, particularly the existing rental housing stock, and encourage new rental production. Rental housing is a significant part of the City's housing market constituting half of all housing units. Rental demand is currently very strong as reflected in the 0.9 percent vacancy rate. This demand will likely remain strong as there is little new supply of rental apartment units. More importantly, the need for rental housing is strongest for those households with low to moderate incomes and tenants at the lowest incomes are least able to cope in a constrained housing market.

North York Official Plan policies intend to preserve rental housing. These policies, reproduced in Appendix "4", recognize the importance of maintaining a balanced mix between the rental and freehold forms of tenure. Final recommendations on these applications should take into account the intent of these policies to preserve our rental housing stock and the need to accommodate existing residents of the rental buildings who are characterized by a number of families with children who depend upon the provision of affordable rental housing.

The applicant has also indicated a seniors housing component of the rental housing. The need for this type of housing over housing for families has not been demonstrated by the applicant. In addition, the form of this housing type in terms of unit size and facilities has not been specified as to how it is geared towards seniors as opposed to other types of tenants.

Residential Intensification Policies:

At present, this property is not identified as an area of potential reurbanization on Map A-2 of the Official Plan. Policies to guide the identification of additional reurbanization areas are set out in Part A of the Official Plan and have been reproduced in Appendix 3 of this report.

The Housing policies of the North York Official Plan seek to achieve a balance between the need to ensure that new residential development is compatible with existing neighbourhoods, and the need to foster adequate, affordable and appropriate new housing to meet population and housing projections. In addition, the Housing policies call for the retention of rental housing in order to maintain the balanced mix of both types of tenure. Part C.4 (Housing), Section 5 of the Official Plan recognizes that Council may be asked to consider applications to increase the permitted density on residentially designated lands. Council may consider redevelopment proposals which will assist in revitalizing or enhancing neighbourhoods, when the location represents an opportunity to create additional housing or a mix of housing to take advantage of physical infrastructure, community services and facilities, transportation facilities and to meet housing needs without undue expense to the City as per the criteria in Appendix 3.

When an increase in density is proposed, as is the case with the subject applications, Council is to have regard to the general development criteria in the Housing policies, as well as ten further policies dealing with community facilities and services, transportation facilities, public infrastructure and transit, the mix of housing types, concentrations of high density development, net benefits to residents, and maintaining adjacent stable residential areas (refer to Appendix "3"). With the addition of new units, consideration must also be given to the provision of affordable housing as per the criteria in Appendix 3. The applications will be evaluated within the context of all of the intensification and general development policies. However, this evaluation cannot be completed until the submissions are perfected by the applicant and the required additional reports and studies are prepared to the satisfaction of the City. Until this information is submitted by the applicant, it is premature to make a final recommendation on their disposition. Feasibility of development will determine in the first instance the density considerations.

If the rental housing component at this location can be preserved and it can still be demonstrated that intensification can be accommodated, it should be demonstrable that the quality of life for the tenants and the new residents and the neighbourhood residents has been improved through identifiable community benefits and a better urban environment. Key elements which achieve these municipal objectives should be secured through a Section 37 agreement and/or through the subdivision agreement.

Transportation Considerations:

The current applications recognize that any intensification of this site should be supported by the laying out of new public roads.

The site is adjacent to a major arterial road, served by a transit route linked to the Yonge Subway and the future Sheppard Subway. A full review of transportation and parking demands of the development, supported by appropriate studies supplied by the applicant, is required to determine whether an intensification of the site can be accommodated.

The applicant has not submitted a traffic impact study which is needed to determine the width of the roads, the layout of the road pattern and the design of the intersections. Without this study, it is premature for the City to thoroughly evaluate the impact of the proposal on existing traffic conditions on Sheppard Avenue West and on the neighbouring local residential streets.

The application for plan of subdivision will provide the City with the mechanism to acquire public roads within the site. In this regard, the Transportation Services Division has identified that the internal road system must be designed in accordance with City standards and conform with City policy. The proposed on-street parking and lay-by will not be permitted, and the proposed turning circle is located outside the designated road allowance on the plan of subdivision. Further, the operation and design of the access to Sheppard Avenue must be reviewed as part of any final evaluation of the proposal.

With respect to parking, the applicant has not provided sufficient information to determine the appropriate parking supply, which in essence should conform to the By-law requirements. A parking layout of the underground structure is required to assess issues relating to ramp grades, circulation and parking standards.

The TTC requires more precise drawings with respect to the buildings at the northwest corner of the site relative to the property line and the centre line of Sheppard Avenue so it can assess whether the proposed development would still allow for a southerly alignment of a future western extension of the Sheppard Subway. The applicant has not yet submitted these drawings.

There is the potential for Sheppard Avenue to be widened to a 36 metre right-of-way in accordance with the Metropolitan Toronto Official Plan. Although only the widening of Sheppard Avenue between Beecroft Road and Leslie Street is planned to be implemented at this time, the widening of this section of Sheppard Avenue should be protected through site plan and zoning regulations in accordance with the Metro plan. Any final design for development should take this consideration into account.

Preliminary Subdivision Engineering:

The applicant has not submitted its preliminary engineering reports. The Works and Emergency Services Department, Technical Services Division have advised that they will provide comments on the draft plan of subdivision application when these reports are submitted and reviewed.

Slope Stability:

Portions of the property are subject to the Ontario Regulations of the Conservation Authority. Toronto and Region Conservation Authority staff received and reviewed a preliminary soils investigation (dated June 1989) and a geo-technical report (August 1989) prepared by B. P. Walker and Associates Limited. Authority staff are generally satisfied with the overall recommendations and conclusions presented in the consultants studies but they would impose appropriate conditions of draft plan approval in the event that a plan of subdivision is approved for this property and in particular appropriate conditions with respect to storm water management on the site and remediation of gully erosion at the upstream end of the property. Among other matters, the Authority seeks conveyance of the Valley land block as a condition of draft plan approval. Their comments are attached as Schedule "I".

Municipal Standards:

Municipal Standards staff have indicated that there are active property standards issues with respect to 325 Bogert Avenue. There also is a need to clean debris from the valley slope. Any program proposed to accommodate the relocation and accommodation of the existing rental tenants needs to remedy these concerns before and during the construction period.

Parkland and Recreation Facilities:

The applicant has proposed a 470 m² (5,059 ft²) community centre adjacent to Easton Road, but no on-site parkland dedication. The Lansing Community, which includes the residential area north of Sheppard Avenue to the York Cemetery, is deficient in parkland (1.93 ha or 4.7 acres).

The application has not specified whether the proposed community centre is intended to be a private or a public facility. The Parks and Recreation Planning Branch indicates that if this is to be a public facility, it should have a minimum gross floor area of 929 m² (10,000 ft²), constructed by the applicant at their cost on a turn key ready basis. Parking for the community centre would have to be provided on site.

If the community centre is operated on a private basis, the application will be subject to a 5% land dedication requirement, with final configuration and location of the parkland to be conveyed subject to the approval of the Commissioner of Economic Development, Culture and Tourism. The preferred location of the land conveyance is abutting Easton Road.

Further discussions are required with the applicant to resolve the issues of appropriate parkland and recreational facilities for this development. A review of recreation and community facilities needs assessment may be required by the Economic Development Culture and Tourism Department to determine whether the proposed facilities are necessary. In addition, if developed, the operation cost of the proposed facilities will need to be recommended by the Economic Development Culture and Tourism Committee and approved by Council.

The lands below the top of the bank should be conveyed to the appropriate public agency and given an appropriate designation and zoning. These lands cannot be considered to fulfill the parkland dedication requirement.

Indoor as well as outdoor amenity space should be provided for the residents of the proposed apartment buildings, and a pre-school play area and multi-purpose sports pad should be considered.

Schools:

The Toronto Catholic District School Board has raised an issue with respect to the capacity at both its elementary and secondary schools. Further discussions should take place with the TCDSB prior to any OMB hearing.

Pedestrian Comfort:

The applicant has been requested to submit a preliminary review of the development by a qualified microclimate specialist, addressing the issues set out in Section 8.1.0 of the Pedestrian Comfort Guidelines in the Appendix to the Official Plan. This study has not been submitted by the applicant.

Conclusions:

The principles for development for any intensification of this site should be approved by Council to define the City's position at the OMB pre-hearing conference in April. Further, it is the submission of this report that the scheduling of a hearing is premature until the applicant has perfected their various applications and the City has been afforded an appropriate period of time to carry out adequate community consultation and inter-departmental review prior to a statutory public meeting.

In the interim, since pre-Hearing proceedings have been commenced at the Ontario Municipal Board, it is appropriate that staff be authorized to seek a mediated settlement with the applicant working within the parameters of development described in the Principles of Development summarized in Appendix "1" and report back to Council with any settlement position which can be achieved through negotiation.

Community consultation on the applications should be continued, leading to a statutory public meeting when staff are in a position to prepare a final report.

Contact Name:

Karen Whitney, Planner

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

(A copy of the Appendices and Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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Mr. Hank Mulder, President, Bogert Tenants Association Inc., appeared before the North York Community Council in connection with the foregoing matter and he outlined his objections to the proposed demolition of the existing rental apartment units on the subject property.

A recorded vote on the recommendation moved by Councillor Filion, North York Centre, was as follows:

FOR:Councillors Sgro, Li Preti, Moscoe, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, King

AGAINST:NIL

ABSENT:Councillors Mammoliti, Augimeri, Feldman, Shiner

Carried