STAFF REPORT

December 9, 1999

To: Scarborough Community Council

From: Ted Tyndorf

Director of Community Planning, East District

Subject: RECOMMENDATION REPORT

Official Plan Amendment Application SC-P19990010

Zoning By-law Amendment Application SC-Z19990018

Teblie Enterprises Inc.

2899 Eglinton Avenue East

Part of Lot 23, Concession C

Parts 1 to 7 and Part 23 on Plan 66R-16051

Eglinton Community

Scarborough City Centre

Purpose:

This report recommends approval of applications for amendments to the Official Plan and Zoning By-law to permit a 397 unit apartment development on a 1.2 hectare (3 acre) property at the south-west corner of Eglinton Avenue and McCowan Road. The overall density of the project represents a maximum gross floor area of 2.7 times the lot area. The current Official Plan and Zoning for this site provide for this intensity of use. However, this is based on a formula linking the construction of residential development to the provision of office space, with a maximum of 215 residential dwelling units.

Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that City Council:

(A) Official Plan:

amend the Eglinton Community Secondary Plan with respect to the land at the south-west corner of Eglinton Avenue and McCowan Road by:

(1) deleting the following from Numbered Policy 7:

"Within 35 metres from Eglinton Avenue East, the following provisions also apply:

A maximum residential density of 181 units per hectare is permitted. Office, retail and residential uses are permitted to a maximum density of 2.7 times the area of the site.";

(2) adding a new Numbered Policy 16 as follows:

"16. South-West Corner of Eglinton Avenue and McCowan Road

1. Within the Commercial Mixed Use designation, High Density Residential development may be permitted to a maximum density of 330 units per hectare (134 units per acre). The overall site density shall not exceed 2.7 times the area of the site.

2. Amendments to the Zoning By-law to increase the height or density of development will, pursuant to Section 37 of the Planning Act 1983, require a financial contribution to the City's Capital Revolving Fund for Affordable Housing.";

(B) Zoning By-law:

amend the Eglinton Community Zoning By-law No. 10048, as amended, with respect to the land located at the south-west corner of Eglinton Avenue and McCowan Road being Part of Lot 23, Concession C, more particularly described as Parts 1 to 7 and Part 23 on Plan 66R-16051, known municipally as 2899 Eglinton Avenue East, as follows:

(1) Permitted Uses:

Retain the existing "Apartment Residential," Neighbourhood Commercial" and "Office Uses" zoning with the same prohibited uses (automobile service stations, restaurants and banquet halls).

(2) Performance Standards:

(2.1) gross floor area of buildings shall not exceed 2.7 times the site area;*

(2.2) maximum number of dwelling units 397;

(2.3) gross floor area of retail uses shall not exceed 860 square metres (9,250 square feet);*

(2.4) maximum height of all buildings 55 metres (180 feet);

(2.5) minimum streetline building setback 3 metres (10 feet); canopies and supporting columns may be erected to the streetline;

(2.6) underground parking garages may be erected to the streetline;

(2.7) indoor recreational floor space shall be provided on the basis of a minimum of 1 square metre (11 square feet) per dwelling unit once a minimum of 150 units are constructed on the site;

(2.8) parking shall be provided on the following basis:

a minimum 1.4 parking spaces per dwelling unit* of which 0.2 parking spaces per dwelling unit may be provided in tandem (amounts to 80 parking spaces permitted in tandem);

(2.9) the provisions of this By-law shall apply collectively to the existing site notwithstanding its division into two or more parcels.*

* Indicates existing Performance Standards to be maintained.

(3) Matters to be Provided Under Section 37 of the Planning Act, R.S.O 1983:

(3.1) the maximum density as described in Sections 2.1 and 2.2 above shall be permitted in exchange for the provision of the facilities, services or matters as follows:

(3.1.1) the payment of a maximum of $297,750.00 based on a project build-out of 397 residential units. The amount to be paid shall be calculated on the basis of $750.00 for every dwelling unit for which a building permit is issued, with payment due upon permit issuance. The funds will be directed to the City's Capital Revolving Fund for Affordable Housing; and

(3.1.2) the owners of the land shall enter into one or more agreement(s) with the Corporation of the City of Toronto pursuant to Section 37 of the Planning Act, R.S.O. 1983, to secure the facilities, services and matters referred to in Section 3.1.1 herein, which agreement shall be registered on title to the lands to which this By-law applies prior to the issuance of any building permits.

(C) Miscellaneous:

authorize any unsubstantive technical, stylistic or format changes to the Official Plan and Zoning By-law Amendments as may be required to give effect to this resolution.

Background:

Efforts to introduce residential development on this property date back to 1984 when Heathcliffe Developments sought and obtained an amendment to the Official Plan to designate the subject lands Commercial Mixed Use. Under this designation, High Density Residential Uses could be developed to a maximum density of 150 units per hectare (60 units per acre) in addition to the permissions for office and commercial uses. Heathcliffe Developments also owned the abutting lands to the south, and between 1985 and 1989, constructed two apartment buildings each of which is 19 storeys in height and contains 300 apartment units.

In 1989, Reemark McCowan Commercial Ltd. submitted applications to amend the Official Plan and Zoning By-law for the subject lands to permit an increase in residential density from 150 units per hectare (60 units per acre) to 181 units per hectare (73 units per acre) and an increase in the overall permitted gross floor area from 1.9 times the lot area to 2.7 times the lot area. In 1993, the former Scarborough Council enacted Official Plan and Zoning By-law amendments which provided for this increase in density. However, the By-law required the provision of a minimum 7,965 square metres (85,740 square feet) of office development in order to construct the maximum 215 residential units permitted. During this period, the subject lands came into the ownership of Teblie Enterprises Inc.

Commercial Devco Inc., the current applicant, has entered into an Agreement of Purchase and Sale for the acquisition of the subject lands. The applicant's proposal consists of 397 apartment units to be accommodated in 3 connected buildings (see Figure 2). The easterly building, at the corner of Eglinton Avenue and McCowan Road, is the highest element of the project at 16 storeys in height tiering down to 8 storeys at its south end. The middle building will be 7 storeys in height while the westerly building will be 11 storeys tiering down to 8 storeys. The elevation treatment for the Eglinton Avenue frontage as well as the south side of the development is shown on Figures 3 and 4.

Unit sizes range from 48 to 99 square metres (520 to 1,065 square feet) with the average unit size in the project being 69 square metres (740 square feet). A variety of residential products are contemplated including studio, one and two bedroom apartments as well as loft-style units. Extensive recreational facilities to serve the occupants of the development including a pool, exercise room, billiard room, library and party room will be provided on the ground floor of the middle building. In addition to landscaped open space at the rear of the buildings, various play areas for children are planned as well as roof-top gardens for upper floor units.

The applicant advises that he will be seeking condominium ownership for the development. His intention is to construct the westerly and central buildings during the first phase of development with the easterly corner building following according to market interest.

As a result of the original joint ownership of this parcel with the lands to the south containing the two high-rise buildings, there are a variety of servicing and access easements on the subject lands. These easements will be respected by the siting of buildings away from these areas. In addition, an existing watermain at the rear of the property which services one of the two apartment buildings to the south will be maintained although relocation and replacement of the line may be necessary.

Comments:

Consistency With the Official Plan:

The subject lands are within the "New Opportunities Area" of the Eglinton Community Secondary Plan (between Kennedy Road and Midland Avenue) and are currently designated Commercial Mixed Use. The Plan promotes a variety of land uses along the Eglinton Avenue frontage and higher densities to support transit use. This is in recognition of the area's strategic location between the Kennedy Subway Station approximately 3 kilometres to the west at Eglinton Avenue and Kennedy Road, and the Eglinton Go Station to the east at Eglinton Avenue and Bellamy Road within walking distance of the subject lands. Moreover, the Official Plan calls for an urban design treatment which places priority on the quality of the streetscape, pedestrian comfort and relegation of parking areas away from Eglinton Avenue.

The applications conform to this policy direction. The densities are appropriate given the location of the site at the corner of two major arterial roads and its proximity to the Subway and Go Transit Stations. The densities on site have been accommodated in a sensitive fashion with the highest 16 storey element at the corner of the site. The gradation of heights for the various buildings ranging from 7-16 storeys adds to the visual interest and presentation of the development and complements the existing 19 storey buildings to the south. Surface parking, where provided, is at the south end of the site away from the streetscape.

The elimination of the Zoning By-law Performance Standard tying residential development to office development is being recommended in recognition of market realities. Staff concur with the applicant's submission that had this site been an appropriate location for office development, it would have been developed in the approximately 15 years that office opportunities have existed. A primary impediment is the absence of a direct link from the site to Highway 401. Another factor has been the lack of critical mass of office development in the surrounding area. This situation has been discussed with staff from the Economic Development Division who concur with this analysis.

Community Consultation

A Community Meeting regarding this proposal was conducted on September 30, 1999, and attended by approximately 70 people. These were mainly residents from the abutting condominiums to the south. The proposed tenure of the project was of interest and those in attendance supported the applicant's proposal for a condominium project.

Discussion took place about the capacity of local roads to accommodate the new residents. Transportation staff advise that traffic volumes for this project are anticipated to be equal to, if not lower than, the traffic generated by the combined office/residential development provided for under the existing zoning. This also applies to traffic volumes on Landmark Boulevard which is shared with the condominiums to the south. Another consideration is the high level of transit service available to this site which, particularly at peak periods, should result in reduced automobile usage.

Residents at the meeting raised concerns regarding the infiltration of traffic into the existing condominiums to the south. The applicant responded by agreeing to leave the two sites distinct and to not construct a westerly driveway link between the two projects. The existing easement in this regard, however, will remain so that this link can be constructed in the future if desired by all parties.

Concern regarding the impact of the project on local school capacities was raised. Staff have attempted to ascertain local school capacities and projections of future enrolment, however there has been no response from the Toronto Public School Board to date. The Toronto Catholic District School Board has advised of concerns regarding the overcrowding and lack of permanent facilities at area schools. The number of school children to be generated from this project is anticipated to be low given that 50 percent of the units are one bedroom units or smaller. Moreover, the zoning already provides for 215 units. Given the phased nature of this project, this should allow sufficient time for the School Boards to develop long-term plans for the accommodation of students emanating from this development and make adjustments if necessary.

The adequacy of visitor parking was also raised as an issue. In response to this, as well as to ensure existing easements are respected, the applicant has eliminated the townhouses originally proposed at the rear of the site and replaced them with visitor parking.

Finally, a number of site planning issues including the location of servicing areas, the interim site treatment during the phasing of construction and the provision of outdoor play areas were raised. These matters have been addressed in the Site Plan Control submission recently filed by the applicant.

Parks Contribution

The Economic Development, Culture and Tourism Department advises that a 5 percent cash contribution will be required in lieu of parkland dedication for this project. They also support the requirement for a minimum of 1 square metre (11 square feet) of indoor recreational space to be provided for each unit. The recreational space for the project will be provided in the middle building. Although the applicant is intending to construct this building as part of the first phase, it is possible that construction may be delayed due to market conditions. The Performance Standard in this regard has therefore been crafted such that the requirement to provide indoor recreational space only comes into effect after the first 150 units (i.e., the westerly building) have been constructed.

Affordable Ownership Housing

The applicant's intention is to market this development to potential purchasers looking for affordable ownership housing. They are hoping to deliver a product which in the current mortgage environment would allow local residents in rental accommodation to move into home ownership with very little, if any, increase in monthly expenses. This objective is desirable given the current market impediments hampering the provision of affordable ownership housing.

Project Design

A preliminary review of the site plan submission indicates a quality project with interesting elevation, roof line and streetscape treatments. This development, following the recent construction of a Home Depot store at the south-east corner of Eglinton Avenue and McCowan Road and new subdivision activity to the south, has the potential to contribute substantially to the enhancement of the area and act as a catalyst for improvement of the Eglinton Avenue streetscape, particularly to the west of the site.

Section 37 Contribution

Although the applicant is not seeking an increase in the overall intensity of use currently applying to this property, the applications request an increase in the permitted residential density from 181 units per hectare (73 units per acre) to 330 units per hectare (134 units per acre). Furthermore, the applications request an increase in the maximum permitted height from 45 to 55 metres (148 to 180 feet). Given the increase in height and density, a contribution to the City's Capital Revolving Fund for Affordable Housing under the authority of Section 37 of the Planning Act has been negotiated.

In July 1998, City Council directed that a fund for affordable housing be established to provide financial support to projects that demonstrate the City's role in facilitating the creation of affordable housing. City Council approved the establishment of the Capital Revolving Fund for Affordable Housing in early February 1999. At its May 11 and 12, 1999 meeting, when considering the recommendations of the Mayor's Homelessness Action Task Force Final Report (the Golden Report), Council adopted a number of recommendations, one of which was a direction to City staff to secure cash contributions to the Capital Revolving Fund through the use of Section 37 of the Planning Act on a City-wide basis.

A City-wide policy for the use of Section 37 is currently being developed. In this interim period, a contribution of $297,750.00 on the basis of a full build-out of 397 units has been negotiated. This translates to $1,636.00 per unit for the increase in density from a maximum of 215 units to 397 units. In order to spread the payment for the applicant and to allow the City to benefit from the contribution from the start of construction on this site, a payment schedule has been negotiated whereby the applicant will contribute $750.00 for every unit developed on this site. The payment will be collected at the time of building permit issuance.

The securing of up to $297,750.00 for the Capital Revolving Fund for Affordable Housing is a significant achievement in a successful negotiation with the applicant. Since this negotiation has taken place in the absence of a City-wide Section 37 policy, there may be certain aspects of the agreement which may not reflect the future City-wide policy ultimately recommended by staff to Council. Not all elements of this or any other Section 37 agreement negotiated in this interim period should be regarded as a precedent for future City-wide policy.

Conclusions:

The subject lands have remained vacant through various active real estate market cycles which have provided opportunities for development. The subject applications propose a desirable project which will complement the area and contribute to upgrading efforts already underway. The densities and height are consistent with the apartments to the south which were originally part of this ownership. The project conforms to the policy direction in the Official Plan which supports high density development in the vicinity of transit stations and which reflects good urban design. The project features well-designed housing with an array of interesting amenities and is attempting to cater to a segment of the population which typically has difficulty entering the ownership housing market. For these reasons, approval of the applications is recommended.

Contact:

Ms. Jayne Naiman, Senior Planner

Scarborough Civic Centre

Telephone: (416) 396-7040

Fax: (416) 396-4265

E-mail: naiman@toronto.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

JN/

List of Attachments:

Figure 1-Location and Existing Zoning

Figure 2-Site Plan Concept

Figure 3-Elevation Plan

Figure 4-Elevation Plan