Proposed Plan of Subdivision ST1999002

740 Kennedy Road Inc.

740 Kennedy Road

Ionview Community

Ward 15 - Scarborough City Centre

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated June 30, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (June 30, 1999) from the Director of Community Planning, East District:

Purpose:

To recommend draft approval of a plan of subdivision for a 3.4 ha (8.4 acre) parcel to create individual properties for 110 existing and 20 proposed freehold townhouses, a parcel for a 27 unit low-rise apartment building and a parcel to accommodate road access, open spaces and other common elements.

Recommendations:

It is recommended that Council support the Draft Plan of Subdivision submitted by 740 Kennedy Road Inc., as shown on Figure 2, subject to the following conditions:

(1)Plan as stamped "Recommended" this date (Figure 2);

(2)the owner shall make satisfactory arrangements with the City regarding:

(a)the provision of all services, easements and the payment of Development Charges;

(b)the applicant will be required to pay to the City $40.00 per lot to cover geodetic and aerial surveys; and

(c)the applicant will be required to pay to the City $300.00 per installed fire hydrant on City streets for maintenance purposes;

(3)the owner to pay 5 percent parkland contribution as cash-in-lieu of land for the new units;

(4)the owner shall deed the block of land that constitutes the Taylor-Massey Creek, free and clear of all encumbrances, to the City;

(5)the owner shall make satisfactory arrangements with Bell Canada regarding services and required easements;

(6)the owner shall make satisfactory arrangements with Toronto Hydro for the removal and relocation of any existing electrical plant affected as a result of this development, and to grant any easements that may be required;

(7)the applicant will be required to submit an adjacency report with the submission of the engineering drawings, for review and acceptance by the Works and Emergency Services Department;

(8)the applicant shall submit a Stage 2 Stormwater Management Report with the submission of the engineering drawings, implementing stormwater management techniques to the satisfaction of the Commissioner of Works and Emergency Services;

(9)the owner will be required to register on title private easements to provide for underground water, sanitary and storm sewer, hydro, cable, gas and any other such services required to service the development;

(10)the owner shall submit an arborist report together with a detailed plan which indicates the exact location of all existing trees situated on private property and all City trees that are to be protected and preserved, together with appropriate protection measures, for the approval by the Parks and Recreation Services Department;

(11)the owner agrees in the subdivision agreement, in wording acceptable to The Toronto and Region Conservation Authority:

(a)to obtain the necessary permit under the Ontario Regulation 158 for construction within the Regional Storm Flood Plain. As part of this permit the applicant must ensure that all new structures are flood protected to the Regional Storm Flood Plain elevation;

(b)prior to any grading or construction on site, the applicant to submit a detailed report or plan outlining the methods of controlling or minimizing erosion and siltation on site and in the downstream areas during and after construction; and

(c)to design and implement on-site erosion and sediment control, in order to meet the requirements of the Federal Fisheries Act. Any increase in concentrations of suspended solids or sediment loading may be a violation of this Act. The Ministry of Natural Resources will monitor effectiveness and take appropriate action as required;

(12)prior to final approval, the owner shall provide to all existing tenants an offer of right-of-first refusal, in a manner satisfactory to the City Solicitor;

(13)prior to final approval, the owner shall provide to all existing tenants a written statement not to require vacant possession other than for non-payment of rent or cause, should they wish to remain as tenants;

(14)prior to registration of the plan, the owner agrees to convey the block(s) of land that include the common areas, roadways and services to a Common Elements Condominium Corporation pursuant to The Condominium Act, 1998, (Bill 38), in a manner satisfactory to the City Solicitor;

(15)the owner shall construct a sidewalk across the Kennedy Road frontage, to the satisfaction of the Works and Emergency Services Department;

(16)the owner shall construct new water service to Kennedy Road for the apartment building;

(17)the owner shall repair the security fence abutting the CNR;

(18)prior to registration of the plan, the subject lands are to be zoned in accordance with the required development standards;

(19)prior to registration of the plan, the owner shall enter into an agreement with the City, to the satisfaction of the Director of Community Planning, East District, and the City Solicitor, to construct a new 27-unit rental apartment building; and

(20)authorize the appropriate City officials to execute, on behalf of the City, the agreements referred to in this report.

Existing Official Plan:

The site is designated Medium Density Residential (RM-55) in the Official Plan. This would provide for 185 dwelling units.

The westerly part of the property is within the Environmental Impact Zone (EIZ).

Existing Zoning:

The land is zoned Multiple-Family Residential (M), permitting one dwelling unit per 199 square metres (2,142 square feet) of lot area. This would permit 170 dwelling units.

The Zoning By-law requires all buildings, lots or parcels to front on a public street. The development is currently served by internal driveways that are of insufficient width to be assumed as public right-of-ways. Relief from this and other Zoning By-law provisions will be required prior to registration of the Draft Plan of Subdivision.

Context:

The subject land is situated in the Kennedy/Eglinton Scarborough Intermediate Centre, centred on the Kennedy subway station. This is one of Scarborough's sub-centres intended to accommodate 5,000 to 10,000 office jobs within approximately 400 metres (1,300 feet) walking distance of a major public transportation facility and in close proximity to major commercial facilities. The site is triangular in shape and has an area of approximately 3.39 hectares (8.38 acres). To the west there is the Taylor-Massey Creek (tributary of the Don River), to the south is the CNR/Subway right-of-way, to the north is a commercial strip plaza, and to the east is the Kennedy subway station. Eglinton Avenue, in the vicinity of the site, contains a significant number of low-rise apartment buildings and strip plazas, many in need of upgrading and renewal.

This development was built in the early 1950's and contains small residential townhouse units of about 75 square metres (800 square feet) each. The units are electrically heated, which adds substantially to the monthly rental cost. The units are also in need of upgrading with respect to masonry, windows and roofing. As part of the proposal to convert the units to freehold townhouses, the applicant is proposing to make significant improvements to the building facades, change the heating plant to natural gas and make the units more energy efficient. The applicant is also proposing to provide new roofing, which would make the buildings more attractive.

The new units would be infill townhouses and will be situated in areas presently used as unsupervised pockets of open space or remote parking lots. The new houses would provide for improved utilisation of the site. The proposal therefore, provides for residential intensification, consistent with the Official Plan.

The Kennedy/Eglinton area is in urgent need of improvement and development investment. Furthermore, residential intensification close to the Kennedy subway station would be appropriate and desirable to support the transportation facility.

Background:

On March 4, 1999, City Council exempted this site from the new Condominium Conversion and Demolition Policies, which were adopted as an amendment to the Official Plan at the April 13, 14 and 15, meeting of City Council. The exemption is conditional upon the applicant addressing all planning considerations for the proposed development of the site, including but not limited to:

(1)an acceptable strategy to ensure security of tenure for sitting tenants;

(2)provision for the right of first refusal to purchase units by sitting tenants;

(3)fulfilment of Toronto and Region Conservation Authority requirements;

(4)compliance with all applicable Council policies, in particular those pertaining to townhouse development on private roads; and

(5)provision of twenty-five percent affordable rental housing.

Comments:

Security of tenure:

The developer intends to provide opportunities to the present tenants to buy their units and is required by Provincial law to accommodate any present tenants who wish to continue to rent their units. According to the applicant, The Tenant Protection Act, 1997, (Sections 54 and 59) provides adequate legislative protection to tenants of rental housing and prevents the landlord from giving notice requiring vacant possession of a residential unit in the event of a conversion to a condominium or freehold. Given the effect of the Act, it is the applicant's position that there is sufficient security of tenure available to sitting tenants through the existing legislation and no further strategy would be required specifically tailored to this proposal. However, in order to ensure full compliance with this matter, staff propose that prior to final approval, the owner should provide to all existing tenants a written statement not to require vacant possession other than for non-payment of rent or cause, should they wish to remain as tenants.

Right-of-first refusal:

According to the applicant, The Tenant Protection Act, 1997, addresses the right-of-first refusal in Section 54 (5). However, because this Section pertains only to conversion from rental to condominium units, it would be appropriate to provide a condition in the subdivision agreement, indicating that all tenants existing as of the date of draft approval, receive an offer of right-of-first refusal from the owner, in a manner satisfactory to the City Solicitor. This will ensure that all sitting tenants will have the opportunity to consider the purchase of their own unit or to continue their tenancy as renters.

Toronto and Region Conservation Authority requirements:

The subject property is partially located within the Regional Storm Flood Plain and Fill Regulated Area. Infill development is not permitted in the floodplain unless the area is designated by the municipality and recognised by the Conservation Authority as a Special Policy Area (SPA). The SPA two-zone approach allows for development to occur within low risk areas within the floodplain, provided that flood-proofing measures are incorporated. The City has undertaken steps to proceed with a Special Policy Area designation through the new Official Plan process. The Toronto and Region Conservation Authority staff are of the opinion that the proposed development would meet the intent of a future SPA designation and as a result would be prepared to facilitate approval of the subdivision proposal and the required permit application, subject to the conditions outlined in the Recommendations.

The Works and Emergency Services Department have requested that the owner deed the block of land that constitutes theTaylor-Massey Creek free and clear of all encumbrances, to the City.

Townhouse development on private roads:

The draft plan of subdivision (Figure 2) proposes the creation of 130 parcels to accommodate the 110 existing townhouses and 20 new townhouses, a parcel to accommodate a 27 unit low-rise apartment building and a parcel to accommodate common elements such as driveways, open space and services for the development.

The site-servicing plan indicates that existing services run along the undeveloped areas of the site. To accommodate the proposed new housing, however, some of the electrical, cable, telephone, water and sewer services would require relocation. The applicant has undertaken extensive servicing studies and proposes to relocate all underground services to areas that would be subject to the Common Elements Condominium.

The existing townhouse development has a frontage of 26.9 metres (88 feet) on Kennedy Road. The applicant proposes to serve the proposed freehold townhouses with a 6 metre (20 foot) wide private road, upon which all proposed lots will have frontage of various widths. It is proposed that this road be a Common Elements Condominium. In addition to the road access, the Common Elements Condominium would also include outdoor amenity spaces, underground services, stormwater facilities, sidewalks, some parking spaces and open spaces.

Bill 38, which contains amendments to the Condominium Act, received Royal Assent on December 18, 1998. Part X of the legislation permits the creation of Common Elements Condominium Corporations. However, this section of the Act has not been proclaimed and is pending finalization and approval of the Regulations. This is anticipated to be completed later this year. The applicant agrees to convey the block of land that includes the common walkways and roadways to a Common Elements Condominium Corporation, in a manner satisfactory to the City Solicitor, prior to final approval of the plan.

Provision of twenty-five percent affordable rental housing:

In accordance with the Council direction to provide twenty-five percent of the existing 110 units as affordable rental housing, the applicant proposes to build a new 27 unit apartment building near the Kennedy Road frontage of the property and to enter into an agreement with the City to establish the rental component. The applicant has agreed to provide an undertaking to the City's satisfaction to achieve this objective.

Landscaping:

There are several mature trees on the site, and the applicant proposes to keep most of them and provide additional landscaping. As part of the Site Plan Control application, the owner will be required to submit an arborist report and a detailed plan which indicates the exact location of all existing trees situated on private property and all City trees that are to be protected and preserved, together with appropriate protection measures.

Rear yards:

Some of the new units would not have rear yards. The applicant has attempted to address this issue by providing rooftop decks and fenced-in front yard amenity spaces. A Site Plan Control Application (SS1998061) has been submitted by the applicant, indicating how site access, landscaping, open space and the relation of the proposed townhouses and apartment building to the street and surrounding area will be accommodated. Planning staff are working with the applicant to address these issues and provide for an attractive development in this area. Zoning By-law relief will be required for this and other provisions to bring the development into conformity.

Technical circulation:

The application was circulated to technical agencies and departments for their comments. There were no objections raised to the proposal by the reporting agencies.

Conclusions:

Approval of this draft plan of subdivision to provide for the creation of individual parcels, including the rental component and the parts that would be subject to the Common Elements Condominium, will provide improvements to the existing townhouse development and the creation of new townhouse parcels similar in size to those existing in the area. The new lots and the proposed rental building will provide additional housing stock to the City's inventory in close proximity to the subway. Accordingly, by maintaining and renovating existing 45-year-old housing stock, the price of the units will remain "affordable". Planning staff are recommending the proposed plan of subdivision be approved.

Contact Name:

Aristotle Christou, Senior Planner

Tel: (416) 396-5228 Fax: (416) 396-4265 christou@city.scarborough.on.ca

Mr. Michael B. Vaughan, Agent for the owner, appeared before the Community Council and expressed support for the foregoing recommendations.