February 2, 2000

To: North York Community Council

From: Rob Dolan

Director of Community Planning, North District

Subject: FURTHER REPORT:

Files: UDZ-97-40 and UDSP-97-222.

Ward: 10 - North York Centre.

Purpose:

This report is further to the Supplementary Report, dated November 15, 1999, adopted by City Council at its meeting held December 14, 15 and 16, 1999 (NYCC Report 11, Clause 11).

Premium Properties Limited is one of several landowners who have appealed OPA 447 (the North York Centre Secondary Plan) as it affects their lands. The Ontario Municipal Board Hearing for the Premium Properties appeal of OPA 447, consolidated with the appeal of their site specific application, is scheduled to begin March 21, 2000. In light of the up-coming Hearing, and because there will not be an opportunity for staff to report to Community Council on this appeal between the February 15th meeting and the March Hearing, this report seeks the authority of Council for the City Solicitor and Director of Community Planning, North District, to settle outstanding issues through discussions with the appellant, generally in accordance with Council's adopted position on the planning issues related to the application. This report is recommending that the appellant be requested to seek adjournment of the up-coming Hearing to allow staff adequate time to complete an appropriate review.

Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that:

(1) Council support, in principle, the proposed total Gross Floor Area (31,723 m²) and building heights (25 storeys / 73 m and 24 storeys / 65 m), as shown on revised plans, date stamped as received January 12, 2000, prepared by Adamson Associates architects, conditional upon:

(a) the proposal meeting the planning recommendations and concerns outlined in Supplementary Report (November 15, 1999);

(b) the proposal meeting the requirements for redevelopment of the site, including the widening and realignment of Poyntz Avenue, as outlined in the Status Report (May 12, 1999); and

(c) the City agreeing to sell a 186 m² strip of land adjacent to the east side of Beecroft Road and clarification of the potential closure and conveyance of a portion of the north/south public lane located west of Yonge Street.

(4) Council authorize and direct the City Solicitor and the Director of Community Planning, North District, to do the things necessary to continue discussions with the appellant to settle outstanding issues respecting the appeal, generally in accordance with Recommendation (1) above; and

(5) the appellant be requested to seek adjournment of the Ontario Municipal Board Hearing, scheduled to commence March 21, 2000, to allow for continued discussions, review and processing in accordance with Recommendation (1) above.

Comments:

Background:

At its meeting held December 14, 15 and 16, 1999, City Council adopted North York Community Council Report 11, Clause 11, containing this Department's Supplementary Report (November 15, 1999) on recommendations respecting proposed municipal density transfers and the application of density incentives.

At its meeting held June 9, 10 and 11, 1999, City Council adopted North York Community Council Report 5, Clause 24, containing this Department=s Status Report (May 12, 1999) on the application.

The May 12^th and November 15^th reports reviewed in detail:

· the applicant's proposal;

· site context;

· applicable planning controls;

· land ownership status;

· the transfers of density and incentives being considered;

· Long Range Development Levels;

· heights; and

· other planning issues.

In adopting this Department's November 15, 1999 report, Council adopted the following positions on planning matters respecting the Premium Properties application:

· The applicant is to include, with the submission of revised plans, a use or development proposal and/or clarification of their intentions for their lands on the west side of Beecroft Road.

· The applicant's request to rezone their lands on the west side of Beecroft Road, including the Lansing United Church site, to implement the applicable policies of the Part D.2, Downtown Plan, as amended by OPA 393, which would permit densities to be transferred and used for residential purposes, is in principle supportable.

· If 31 Bogert Avenue and City-owned lands, described as a 186 m² strip of land adjacent to the east side of Beecroft Road and a 72 m² portion of the north-south public lane located west of Yonge Street, are acquired by Premium Properties Limited, while the current application remains active, that such lands be subject to the policies of the Part D.2, Downtown Plan, as amended by OPA 393.

· An application to amend the Part D.2, Downtown Plan, as amended by OPA 393, would be required:

i. for indoor recreational amenity space to be considered for exemption from the calculation of density; and

ii. for the building heights proposed to be considered.

· A 1.5 metre wide conveyance is required across the Bogert Avenue frontage of the site to attain a 23-metre wide right-of-way.

· The City will not sell and transfer densities from the Beecroft Road extension and the closed portion of Bogert Avenue to the development block as proposed by the Zoning By-law amendment application.

Revised Proposal:

On January 12, 2000, the applicant submitted revised plans for the Premium Properties site. A number of changes have been made to the original proposal, including the following:

· The development site area, which includes lands currently in the ownership of the City, has been reduced from 4,962 m² to 4,322 m². Premium Properties is now excluding their Yonge Street fronting parcel (4726 Yonge Street) from the site. (This particular modification raises a question about the appropriateness or need for the requested closure and conveyance of the north/south public lane located west of Yonge Street. This issue requires discussion with the Director of Transportation Services, District 3.) Also, in accordance with Council's earlier decision, the applicant is not seeking to acquire densities from the Beecroft Road extension and the closed portion of Bogert Avenue. Therefore, the total Gross Floor Area has been reduced with the revised proposal from 40,251 m² to 31,723 m², excluding 552 m² of countable Indoor Recreational Amenity Space, which is equivalent to 7.4 FSI on the reduced site area. The original application was approximately 8.1 FSI on a larger site area.

· The two 29-storey / 85 metre tall residential buildings have been reduced to 25 storeys / 73 m (on Bogert) and 22 storeys / 65 m (on Poyntz), which are generally, but not strictly, in compliance with height limits of the D.2 Downtown Plan, as amended by OPA 393. A small portion of the applicant's more northerly 25-storey building is shown in the 24-storey height limit area.

· Premium Properties now proposes to transfer an additional 1,486 m² of density from the Lansing United Church site on the west side of Beecroft Road to the development site on the east side of Beecroft Road. Therefore, the proposed density transfer from the Lansing United Church site now totals 9,206 m², which leaves 1,528 m² of GFA or approximately 0.5 FSI of as-of-right density for a possible future redevelopment on the relatively large Lansing United Church site. The November 15^th Supplementary Report stated that by not allowing the sale of densities from the Beecroft Road extension and the closed portion of Bogert Avenue the total FSI would be approximately 6.7 FSI. However, with the reduced site area in of revised proposal and the extra GFA proposed to be transferred from the Lansing United Church site, the resulting FSI is, as stated above, approximately 7.4.

· Premium Properties continues to identify 0.1 FSI of Indoor Recreational Amenity Space as exempt, which it is not under the D.2 Downtown Plan, as amended by OPA 393.

· Premium Properties has not provided the required a 1.5 m wide conveyance across the Bogert Avenue frontage.

Reported Density Transfers and Incentives versus Revised Proposal - Summary Table:

Conclusions:

With their revised proposal, the applicant is no longer proposing to acquire densities from the Beecroft Road extension and the closed portion of Bogert Avenue, which substantially reduces the total Gross Floor Area of the project. This conforms to Council's direction on this matter. The applicant is, however, proposing to transfer an additional 1,486 m² of GFA from the Lansing United Church site to the development site. Therefore, the total GFA of the applicant's proposal has been reduced by approximately 21 percent to 31,723 m², excluding 552 m² of countable Indoor Residential Amenity Space. While I am concerned that the additional transfer will leave a relatively small amount of GFA on this donor site, I can support, in principle, the above described reduced total GFA for the development site, based on existing specific development transfer policies, and subject to a credible presentation of how the remnant density on the Lansing United Church site and the Premium Properties site on the west side of Beecroft Road will be used. This Department's support for the revised total GFA and building heights is conditional upon the applicant appropriately addressing this and the other planning issues raised in previous reports.

The revised plans reduce the previous two 29-storey / 85 m buildings to 25 storeys / 73 m (on Bogert) and 22 storeys / 65 m (on Poyntz). In principle, I can support the revised building heights.

The revised proposal is now in circulation. However, the OMB Hearing on this application commences March 21, 2000. Therefore, I am also recommending that staff be provided the authority to continue discussions with the appellant to settle outstanding issues, generally in accordance with Council's adopted position on the planning issues related to the application. This report also recommends that the appellant be requested to seek adjournment of the up-coming Hearing to allow staff adequate time to complete an appropriate review.

Contact:

Michael Mizzi

Senior Planner, Community Planning, North District

Telephone: (416) 395-7106

Rob Dolan

Director of Community Planning, North District

Maps:

A Official Plan (D.2 Downtown Plan as amended by OPA 393)

A-2 Official Plan (OPA 447)

B Zoning

C Revised Site Plan

D1 Revised Elevations

D2 Revised Elevations

E Revised Sections