Zoning Amendment Application UDZ-98-30 -
Landtactix (Sam-Sor Enterprises) - 5200 Yonge Street -
North York Centre
The North York Community Council, after considering the deputations and based on the findings of fact,
conclusions and recommendations contained in the following report (April23,1999) from the Acting Director,
Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands,
recommends that the application submitted by Landtactix (Sam-Sor Enterprises) regarding Zoning Amendment
Application for 5200 Yonge Street, be approved, subject to the conditions outlined in the referenced report:
The North York Community Council reports having held a statutory public meeting on May26,1999, with appropriate
notice of this meeting, in accordance with the Planning Act.
The North York Community Council submits the following report (April 23, 1999) from the Acting Director,
Community Planning, North District:
Purpose:
This is a final report on an application to amend the Zoning By-law to revise the site area and density of an approved
development at 5200 Yonge Street. This application is a result of a direction by Council that an application be made to
amend the site size and density transfers in effect in the current zoning of this property. These modifications return density
attributable to the heritage Gibson House from the development permitted at 5200 Yonge Street and a 1, 371 m² (14,761
sq.ft.) parcel of land which is to be conveyed to the City for a daycare centre. This technical rezoning is required to redefine
the donor site and receiving sites for density transfers to the Landtactix site. This rezoning has the effect of reducing the
amount of gross floor area that can be built on the Landtactix site by 10,723 m².
Financial Implications:
The financial implications of this proposed rezoning have been considered in a Confidential Report through the Corporate
Services Committee approved by Council at its meeting November 25-27, 1998.
Recommendation(s):
It is recommended that the application be approved and staff be directed to prepare:
(1)an Official Plan Amendment that specifies that density to be retained by the Gibson House site, currently designated
Local Open Space, may be transferred in whole or in part at a later date in accordance with the policies of the North York
Centre Plan (OPA 447) and recorded appropriately in Appendix 13 to the Official Plan all as generally described in
Schedule "E" to this report;
(2)a Zoning By-law Amendment to implement the following changes:
(2.1)to reduce the gross floor area permitted on the Landtactix site by 4,552 m²;
(2.2)to further reduce the gross floor area on the Landtactix site by 6,171.3 m²;
(2.3)to amend the zoning on the 1,371.4 m² of land to be conveyed to the City to O1 (Open Space) in order to permit a
day nursery;
(2.4)delete the requirement for a day nursery and meeting spaces on the remaining C1(94) General Commercial (Site
Specific) lands; and
(2.5)to permit a maximum of 10,332 m² for residential uses on the C1(94) lands and 120 units;
all as generally described in Schedule "F" to this report; and
(3)prior to enactment of the zoning bylaw, the existing site plan agreement be amended to:
(3.1) reflect the density reduction;
(3.2) include the conditions of the Economic Development, Culture and Tourism, Culture Division shown as Schedule
"J";
(3.3)include the conditions of the Fire Services Division shown as Schedule "N";
(3.4)include the conditions of the Works and Emergency Services, Development Services Division shown as Schedule
"O";
(3.5)include the conditions of the Economic Development, Culture and Tourism, Parks and Recreation Planning shown as
Schedule "P";
(3.6)include the requirement for common outdoor space for the non-residential portion of the development in accordance
with the policies of OPA 447; and
(3.7) include the new demonstration drawings.
Background:
1.0Proposal:
Council approved a development application for this site in 1991 for a 21 storey commercial office tower and daycare
centre. Subsequent to this approval, Council approved an amendment to the zoning in the fall of 1997 which would allow
up to 50 percent of the permitted gross floor area to be used for residential uses. The effect of this change is to permit a 27
storey, 200 unit residential tower and a 17 storey commercial building and a daycare. The total gross floor area previously
approved was unaltered by this zoning by-law amendment.
This current proposal reduces the permitted gross floor area at 5200 Yonge Street by 10,723 m² by deleting a density
transfer from the Gibson House and by a reduction of its net site base density through a conveyance of a parcel of land to
the City for a workplace daycare facility. A reduced unit count of 120 units reflects unit size of the 1997 proposal. The
following table summarizes the latest proposal:
|
Existing Zoning |
Proposal Zoning |
Site Size |
5,954 m² (64,090 ft²) |
4,592 m² (49,427ft²) |
Density @ 4.5 FSI |
26,793 m² (288,407 ft²) |
20,664 m² (222,433 ft²) |
Density Transfer - Gibson House |
4,552 m² (49,000 ft²) |
0 m² |
Density Exemptions:
- Community Space
- Recreational Facilities
- First Floor Retail
- Below Grade Retail
- Day Nursery |
465 m² (5,005 ft²)
2,111 m² (22,723 ft²)
773 m² (8,320 ft²)
1,295 m² (13,940 ft²)
1,215 m² (13,078 ft²) |
0 m²
2,111 m² (22,723 ft²)
773 m² (8,320 ft²)
1,295 m² (13,940 ft²)
0 m² |
TOTAL Gross Floor Area |
37,204 m² (400,474 ft²) |
24,843 m² (267,417 ft²) |
Maximum Residential GFA |
19,500 m² |
10,332 m² |
Maximum Residential Units |
200 units |
120 units |
Total FSI based on relevant site |
6.25 |
5.41 |
Total FSI based on original site |
6.25 |
4.17 |
The previous rezoning application was accompanied by a demonstration plan which illustrated how the site could be
developed. The demonstration plan, in conjunction with urban design principles together provide guidance for an
appropriate development scenario for the site.
The demonstration plan and design principles formed part of a Concept Plan approach to reviewing rezoning applications.
While it is one step removed from a formal site plan application, there is sufficient detail provided in terms of building
location, height and open spaces areas to ensure conformity with the Official Plan. The plan was secured on title as an
amendment to the existing site plan agreement to direct future site plan applications.
2.0Location and Existing Site
This 0.6 ha. (1.5 acre) site is located on the west side of Yonge Street, north of Park Home Avenue. It is occupied by a
commercial plaza and a McDonald's Restaurant. A mix of existing and approved commercial, residential and open space
uses surround the site, including the Gibson House which is owned by the City.
The redevelopment site at 5200 Yonge Street, the portion of the site which it is proposed to be conveyed to the City for
daycare purposes, and the Gibson House property are shown on attached Schedules "C" and "C2". The proposed daycare
site and Gibson House will be provided access from Yonge Street.
3.0Planning Controls
3.1Official Plan
The site is within the North York Centre - Downtown subject to Part D.1 and D.2 of the Official Plan as amended by
Official Plan Amendment 447. All of the density transfers previously granted and proposed in this application are permitted
under the approved policies of the Official Plan.
The eastern portion of the site adjacent to Yonge Street is designated Downtown-Mixed Use Two which permits
commercial and residential uses with a limitation of 50 percent on any residential component. The rear western portion of
the site is designated Downtown Residential One which permits residential uses. The maximum density permitted by these
designations is 4.5 FSI. As this application represents a decrease in the permitted gross floor area on the site, it is within the
long range development levels as shown in Schedules "R" and "S".
A specific development policy for the Gibson House site is recommended for the purposes of clarity in the plan.
3.2Zoning By-law
The lands are zoned Commercial (C1) with site specific by-laws which permit commercial and residential uses with a
maximum gross floor area for all uses of 37,204 m2 (400,474 square feet) inclusive of all density transfers and specific
development incentives of which a maximum 19,500 m2 (209,903 square feet) may be used for up to 200 residential units.
The existing zoning includes a density transfer of 4,552 m2 (49,000 square feet) from the heritage Gibson House property. It
also includes a requirement that the redevelopment include a day nursery of a minimum 609 m2 (6,566 square feet) to a
maximum 1,215 m2 (13,078 square feet) as part of any redevelopment.
The proposed zoning is in conformity with the Official Plan. It represents a minor adjustment to the previous zoning by-law
in accordance with Section 10.2 of the Part D.1 of the Official Plan. Lands to be conveyed to the City should be zoned
Open Space (O1) which permits day nurseries.
Discussion:
4.0Other Department Comments:
Comments received for the departments and agencies to which the application was circulated indicate as follows:
The Works and Emergency Services, Development Services indicated that a sanitary sewer easement is required if the
owner desires to have the existing north-south sanitary easement diverted to the Yonge Street sanitary sewer along the north
limit of the development site in order to better facilitate development on the site and the Imperial Oil site to the south. Their
comments are attached as Schedule "O".
The Economic Development, Culture and Tourism, Culture Division indicated the necessary requirements to ensure the
continued operation and protection of the Gibson House. Their comments are attached as Schedule "J".
The Fire Services, North Command require additional information on the location of fire routes, and hydrant, alarm, and
principle entrance locations prior to assessment of a detailed site plan. Their comments are attached as Schedule "N".
The Economic Development, Culture and Tourism, Parks and Recreation Division has indicated that the applicant has been
requested to obtain an off site parkland dedication since an on site dedication is impractical due to the conveyance being
made to the City for the day nursery. If a site for parkland dedication cannot be found prior to building permit, the applicant
will be subject the appropriate cash-in-lieu requirement. Their comments are attached as Schedule "P".
The Toronto Catholic District School Board has indicated they object to the application due to lack of permanent facilities
and overcrowding. This application does, however, represent a decrease in residential gross floor area permitted on the site
and therefore decreases the potential impact on school facilities. Their comments are attached as Schedule "Q".
The remainder of the department and agencies circulated indicated they have no objections to the application. All of the
departments and agency comments are attached as Schedules "G" through "Q".
5.0Community Consultation
Given the technical nature of this application, a community consultation meeting has not been required.
6.0Planning Issues:
6.1Density Transfer:
Section 3.4 of Official Plan Amendment 447 (North York Centre Secondary Plan) permits the transfer of density from land
owned by the City to a receiving site provided the receiving site is on the west side of Yonge Street, north of Sheppard
Avenue and within the Downtown. Density was transferred to the applicant's site from the City owned, historical Gibson
House when the applicant's first proposal for the commercial redevelopment of 5200 Yonge Street was approved in 1993.
This application reverses this initial density transfer giving the City the opportunity to transfer the unused density to another
site in close proximity that meets the Official Plan requirements.
This density will remain on the Gibson House site through the site specific Official Plan amendment and listed in the
Official Plan Appendix 13 which monitors density transfers. The density that is transferred in the future can be used for
entirely commercial uses or up to 50% for residential with the remainder being used for commercial.
6.2Access
Both the Gibson House and the day nursery will be accessed from Yonge Street by a 9 metre wide right-of-way which has
been secured over the northern portion of the Imperial Oil lands (Part 1 to 5, Reference Plan 66R16102). This land was
secured previously through tri-party surface easement agreements between the City, Sam-Sor and Imperial Oil Limited.
6.3Day Nursery and Community Space
A workplace day nursery was part of the original application that was approved in 1993. The applicant maintained a
commitment in 1997 to provide a workplace day nursery when a further rezoning was approved for the site which includes
a residential component. In order to now fulfill their commitment to provide the day nursery, the conveyance of the land to
the City is required in accordance with a Confidential Report through the Corporate Services Committee approved by
Council at its meeting November 25-27, 1998. The site to be conveyed must be 1,374 m² at no cost to the City. Financing
for planning, design and construction of the day nursery by the applicant was also outlined in the November, 1998 report.
Funds were also secured from Imperial Oil Limited for the construction of this day nursery. This arrangement will allow for
the construction of the day nursery to proceed independently of construction plans and the timing for the development of
5200 Yonge Street.
With respect to community space, the financial agreement between the City and Sam-Sor provides for a cash contribution
for municipal purposes at the discretion of the Commission of Economic Development, Culture and Tourism in
consultation with the two Ward Councillors.
6.4Site Plan
The Site Plan approval process is required by Council to proceed concurrently with the rezoning process for the City Centre
development applications. The applicant submitted a request for an amendment to the current site plan agreement with new
demonstration plans. The urban design principles established in 1997 in accordance with OPA 447 will be maintained in
the site plan agreement. The new demonstration plan shown as Schedule "C" will replace the previous demonstration plan.
The approval of site plans has been delegated and approval to amend the existing site plan agreement can be granted upon
Community Council consideration of this report.
7.0Conclusions:
This application has been submitted in response to a submission to Council through Corporate Services Committee to
return density transfers which previously had been acquired by the applicant from the former City of North York. The
financial implications of the redistribution of density have been considered by Council.
This application represents a technical amendment to the zoning by-law and official plan policies to ensure that the zoning
permissions for 5200 Yonge Street which are retained represent good planning within the context of the policies and
expectations of the North York Centre Plan.
Contact Name:
Karen Whitney
North York Civic Centre
Telephone: (416) 395-7109
Fax: (416) 395-7155
E-mail: kwhitney@toronto.ca
Schedules:
Schedule A - Official Plan Map
Schedule B - Zoning Map
Schedule C - Demonstration Plan
Schedule C2 - Context Plan
Schedule D - Elevations
Schedule E -Draft Official Plan Amendment
Schedule F -Draft Zoning By-law Amendment
Schedule G - Public Health Comments
Schedule H - Corporate Services, Facilities and Real Estate Comments
Schedule I - Toronto District School Board Comments
Schedule J - Economic Development, Culture and Tourism, Culture Division Comments
Schedule K - Consumers Gas Comments
Schedule L - Municipal Standards Comments
Schedule M - Rogers Cable Comments
Schedule N - Fire Services Comments
Schedule O - Works and Emergency Services, Development Services Comments
Schedule P -Economic Development, Culture and Tourism, Parks and Recreation Planning Division Comments
Schedule Q -Toronto Catholic District School Board Comments
Schedule R -Summary of Estimated Residents in the Downtown
Schedule S -Summary of Estimated Employees in the Downtown
Schedule "E"
Draft Official Plan Amendment 474
Authority: (Community Council/Committee) Report No., Clause No. , as enacted by Council on (Date)
Enacted by Council:
CITY OF TORONTO
Bill No.
OFFICIAL PLAN AMENDMENT NO. 474
To amend City of North York Official Plan
in respect of lands municipally known as
5172 Yonge Street (Gibson House)
To adopt Amendment No. 474 of the Official Plan for the City of North York
WHEREAS authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and
whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public
meeting in accordance with the Planning Act;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Amendment No. 474 to the Official Plan of the City of North York, consisting of the attached text and schedule, is
hereby adopted.
2.This By-law shall come into force and take effect on the day of the final passing thereof.
ENACTED AND PASSED this day of , A.D. 1999
MayorCity Clerk
PREFACE AND EXPLANATORY NOTES
TO AMENDMENT NO. 474
TO THE OFFICIAL PLAN OF THE
CITY OF NORTH YORK
LANDS AFFECTED BY THIS AMENDMENT
This amendment concerns the lands located on the west side of Yonge Street north of Park Home Avenue. The municipal
address is 5172 Yonge Street. The lands are also known as the Gibson House lands.
EFFECT OF AMENDMENT
The effect of this amendment would be to add a site specific policy to the North York Centre Plan which makes it clear that
the lands currently designated Local Open Space (LOS) retain their density of 4.5 which may be transferred in whole or in
part at a later date in accordance with the policies of the Official Plan. The intended use for these lands remains as a
historical museum and open space.
PUBLIC MEETINGS
The North York Community Council considered Amendment Application UDZ-98-30 at a statutory public meeting held on
__________, 1999, after written notice of such meeting had been sent to all persons assessed in respect of land and to all
tenants within 120 metres of the subject lands and a notice was posted on the site during the 20 day notice period. It was
North York Community Council's decision to recommend approval of the application.
A meeting to consider this matter was held by Council of the City of Toronto on _________, 1999. Council adopted the
recommendation of the North York Community Council to approve the application.
On ___________, 1999, Council enacted By-law No.__________.
AMENDMENT NO. 474
TO THE OFFICIAL PLAN FOR THE
CITY OF NORTH YORK
The following text and schedule constitute Amendment No. 474 to the Official Plan of the City of North York.
ITEM 1
Clause 1
Map D.1.10 (Downtown Site Specific Policies) is amended by adding the lands municipally known as 5172 Yonge Street as
12.24 as shown in Schedule "A", attached.
Clause 2
Section 12 (Downtown Site Specific Policies) is amended by adding the following policy:
"12.24Lands on the West Side of Yonge Street, Known as 5172 Yonge Street (Gibson House)
Despite the Local Open Space (LOS) designation of the lands, a density of 4.5 Floor Space Index is assigned to the land.
The existing building at 5172 Yonge Street is considered to be a heritage building which is excluded from the calculation of
density and, as such, will be retained.
The density assigned to this site may be transferred in whole or in part in accordance with Section 3.4 of this Secondary
Plan subject to rezoning. A maximum of 4,552 m² of density may be transferred for the purposes of commercial,
institutional, public parks, recreational, residential and transit terminal uses provided the density transferred from this donor
site for residential purposes does not exceed 2,276 m²."
Schedule "F"
Draft Zoning By-law
Authority: North York Community Council Report No.__Clause No.__ , as enacted by Council on _____________.
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No.
To amend City of North York By-law No. 7625
in respect of lands municipally known as
5200 and 5172 Yonge Street
To amend City of North York By-law No. 7625
WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this
By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least
one public meeting in accordance with the Planning Act;
(ii)any area used for motor vehicle access or underground parking.
(f)None of the uses permitted in the C1 zone shall apply. The following uses only shall be permitted:
custom workshops making articles or products to be sold at retail on the premises,
theatres.
custom workshops making articles or products to be sold at retail on the premises,
retail stores.
(i)Office lobbies shall have a maximum width of frontage of 6 metres on Yonge Street.
The maximum permitted total "Gross Floor Area" as defined in 64.23(94)(a) shall be the sum of:
(i)The maximum building height in storeys shall be as shown on Schedule "C1(94)";
(ii)The maximum height above established grade of all buildings and structures shall not exceed the horizontal distance
between the building or structure, or portion thereof, and the Relevant Residential Property Line. For the purposes of this
subsection only, "height" shall include all mechanical penthouses or other roof top structures;
(iii)Buildings located greater than 75 metres from the Relevant Residential Property Line may have a building height that
is a maximum of three storeys greater than the building height shown on Schedule "C1(94)", provided that the building is
served by continuous underground weather protected connections to a subway station.
(i)A maximum of 120 dwelling units shall be permitted.
(ii)A minimum of 25 percent of the total number of dwelling units that are located within buildings containing not less
than 20 dwelling units shall have a maximum gross floor area of 70 m² for a one bedroom unit, 80 m² for a two bedroom
unit and 120 m² for a three bedroom unit.
(i)A minimum of 1.5 m² per dwelling unit of indoor recreational amenity area shall be provided; and
(ii)A minimum of 1.5 m² per dwelling unit of outdoor open space shall be provided; and
(B)A maximum of 1.3 parking spaces per 100 m² of gross floor area.
(A)A minimum of 1.0 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use;
and
(B)A maximum of 1.2 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use.
The provisions of this By-law shall apply collectively to the lands shown as C1(94) notwithstanding their division into two
or more parcels.
ENACTED AND PASSED this day of , A.D. 1999.
Mr. Leith R. Moore, Vice-President, Landtactix (Sam-Sor Enterprises) appeared before the North York Community
Council in connection with the foregoing matter, on behalf of the applicant and he indicated that the applicant concurred
with the staff recommendations.
(A copy of Schedules G to S referred to in the foregoing report is on file in the office of the City Clerk, North York Civic
Centre.)