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March 6, 2000

To: Scarborough Community Council

From: Ted Tyndorf

Director of Community Planning, East District

Subject: Official Plan Amendment Application SC-P1997009

Zoning By-law Amendment Application SC-Z1997027

The Omni at the City Centre Inc., Omni South Inc., and Metropolitan Condominium Corporation No. 1133

Northeast corners of Brimley Road and Omni Drive, and

Brimley Road and Ellesmere Road

Part of Blocks A and B, Registered Plan M-1410

City Centre

Scarborough City Centre

Purpose:

The applications propose to amend the Official Plan and Zoning By-law for the lands located at the northeast corners of Brimley Road and Omni Drive, and Brimley Road and Ellesmere Road, to provide for City Centre Residential Uses to a maximum density of 501 dwelling units per hectare (200 units per acre) or a total of 1,300 dwelling units. The current City Centre Uses Official Plan designation provides for City Centre Residential Uses to a maximum density of 366 dwelling units per hectare (146 units per acre) or a total of 1080 dwelling units. The proposed increase of 220 dwelling units would be applied to the vacant lands on the northeast corner of Brimley Road and Omni Drive (north block), on which two residential apartment buildings are proposed, 28 and 30 storeys in height, with a total of 640 dwelling units. The overall height restriction for the residential apartment buildings is not proposed to be changed and will remain at a maximum of 85 metres (279 feet).

Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that:

A. OFFICIAL PLAN

That Council amend the City Centre Secondary Plan with respect to the lands at the northeast corners of Brimley Road and Omni Drive, and Brimley Road and Ellesmere Road by:

1. Deleting the following from Numbered Policy 1:

"Only City Centre Residential Uses shall be permitted to a maximum density of 366 dwelling units per hectare."

"Amendments to the Zoning Bylaw to permit increased densities and height of development may require the provision of facilities, services or matters to improve the landscaping, pedestrian walkways, pedestrian grade separations, transportation, and/or community facilities available to City Centre and area residents pursuant to Section 37 of the Planning Act." and replacing it with the following:

1.1 Only City Centre Residential Uses shall be permitted to a maximum density of 501 dwelling units per hectare.

1.2 Amendments to the Zoning By-law to permit increased density or heights of development may require a financial contribution to the City's Capital Revolving Fund for Affordable Housing or may require owners of land to enter into agreements with the City to provide for affordable housing units, and may require the provision of facilities, services or matters to improve the landscaping, pedestrian, transportation, and/or community facilities available to City Centre and area residents and employees, pursuant to Section 37 of the Planning Act, R.S.O. 1990.

B. ZONING BY-LAW

That Council amend the Employment Districts Zoning By-law No. 24982 (Progress), as amended, with respect to the lands located at the northeast corner of Brimley Road and Omni Drive, being Part of Block B, Registered Plan M-1410, as follows:

1. Delete the existing Performance Standard which permits a maximum of 420 dwelling units, and replace it with a new Performance Standard which permits a maximum of 640 dwelling units.

2. Replace the current parking provision of a minimum of 1.4 parking spaces per dwelling unit with the following:

Minimum of 1.2 parking spaces per dwelling unit including a minimum of 1 parking space per dwelling unit for residents and a minimum of 0.2 parking spaces per dwelling unit for visitors.

3. Retain all other existing Performance Standards which currently apply to the subject lands.

D. MATTERS TO BE PROVIDED UNDER SECTION 37 OF THE PLANNING ACT, R.S.O 1990

That Council direct planning staff to report further to Scarborough Community Council on the outcome of Section 37 negotiations, once a contribution has been agreed to by the applicant, prior to introducing the Official Plan and Zoning By-law amendments for enactment by Council.

E. MISCELLANEOUS

That Council 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:

The subject lands consist of two blocks totalling 2.6 hectares (6.5 acres). The south block has a site area of 1.65 hectares (4.1 acres) and contains a 26 storey, 204 unit residential apartment building and 42 casitas situated at the southeast corner of Brimley Road and Omni Drive (115 Omni Drive). A 22 storey, 277-unit residential apartment building is currently under construction to the immediate east of the first phase. The north block has a site area of 0.95 hectares (2.35 acres) and is currently vacant. To the immediate north is the Scarborough SRT line with a station located at Scarborough Town Centre. On the east side and south side of Borough Drive are the Bell offices and the City Centre Woodlot respectively. On the west side of Brimley Road are industrial uses and a bank. To the south of Ellesmere Road lies the Bendale Community.

The development of the subject lands for residential uses was specifically targeted back in 1988 when Scarborough Council redesignated the lands to City Centre Uses providing for a maximum residential density of 366 dwelling units per hectare (146 units per acre) or 1080 dwelling units.

The lands were zoned City Centre Residential (CCR) permitting a maximum of 660 and 420 dwelling units on the south and north blocks respectively. A Section 37 agreement, pursuant to the Planning Act, between the applicant and City, secured several community improvements in exchange for the density on the subject lands.

The applicant (Tridel) advises that the buildings, as designed in 1988, no longer respond to the market demand today for smaller sized dwelling units. The applicant proposes to develop the currently vacant north block with smaller sized units, but is also requesting an increase of 220 dwelling units over the number currently permitted. Despite the reduced unit size, the proposed gross floor area and massing on the north block is larger than originally proposed due to the increase in total units.

The original design concept for the north block consisted of one 30-storey slab type residential apartment building running along Brimley Road with street related townhouses. The current proposal consists of two residential apartment buildings, one a slab type 30-storey building and the other a point block 28-storey tower, and street related townhouses to create a pedestrian friendly street edge.

When this site was dealt with by Council in 1988, the site area was 2.95 hectares (7.3 acres). The approved residential density of 366 units per hectare (146 units per acre) has effectively capped the site at 1,080 units. Following this original approval, lands have been dedicated to the City for the construction of Omni Drive. The 'net' density (excluding Omni Drive) is now 417 units per hectare (167 units per acre).

The proposal for an additional 220 units, would result in a density of 501 units per hectare (200 units per acre) over the entire subject lands. All of the proposed additional 220 units would be located on the north block. As a result, the north block would have a density of 677 units per hectare (271 units per acre).

Comments:

Community Meeting

Planning staff hosted a Community Information Meeting the evening of June 29, 1999 at Scarborough Civic Centre. Local Councillors Lorenzo Berardinetti and Brad Duguid attended the meeting as well as four residents. Issues raised included concerns with the current wind conditions in the vicinity of the existing apartment building at 115 Omni Drive (Phase 1), as well as this building's appearance. Both these issues are addressed in this report below.

In response to the community meeting notice, Walshire Properties Ltd, owners of the property at 1340 Ellesmere Road, wrote to the City advising of their support for the proposal.

Design Concept Plan

Following the submission of a Site Plan Control application (SC-S19990090), planning staff worked with the applicant to achieve a high quality design concept for the subject lands, consistent with the City Centre Design objectives. The result illustrated on Figures 1, 3, 4 and 5 is pedestrian oriented development which will significantly improve the streetscape and establish an urban character for this area of the City Centre. The proposed two residential buildings have been designed to provide an attractive addition to the Scarborough City Centre skyline. The roof design creates a strong positive image for the overall Omni development and the variation in the facade treatment results in aesthetically pleasing towers. The two residential towers rest upon a podium base which contains outdoor landscaped amenity areas on the roof and common indoor amenity areas and parking within the podium. Street-related townhouses surround the podium along Brimley Road, Omni Drive, and Borough Drive, animating these streets by creating a comfortable pedestrian-friendly environment with eyes on the street. Significant landscaping around the perimeter of the project and on the public boulevards, as well as construction of new public sidewalks along Omni Drive and Borough Drive, will contribute to the greening and liveliness of these streets. Criticism of the Phase I Omni tower design was taken into account when designing these buildings. The roof and facade design, and the street related townhouses at the pedestrian level will improve the result of this phase of development.

Pedestrian Wind Study

Rowan Williams Davies & Irwin (RWDI) conducted a Pedestrian Wind Study for the proposal to assess the wind environment around the proposed buildings in terms of pedestrian comfort and safety. A 1:500 scale model of the project was tested at 56 locations along the perimeter of the project, on the landscaped podium, and adjacent to the property. The conclusions of the study suggest that the majority of locations tested met the comfort criteria for pedestrian use in both the summer and winter seasons. Two locations on Omni Drive and three locations on the project's podium terrace failed the criteria for pedestrian safety. Wind control measures are typically required at locations that fail the Safety Category. The applicant's architect and landscape architect are currently reviewing possible refinements to the building design and landscaping arrangements in order to improve wind conditions at the identified problem test locations. Prior to final site plan control approval, the applicant shall re-test the detailed project design to ensure the locations which failed the Safety Category are improved to an acceptable wind speed level.

Transportation

Planning staff concur with the conclusions of the traffic impact study prepared by DS-Lea Associates which concludes that the resulting impacts associated with the increase in density are minor and can be accommodated by the existing surrounding road network. The study concludes that the project will generate a total of 177 two-way vehicle trips during the PM peak hour, which includes 60 two-way vehicle trips due to the net increase in density (i.e. increase in unit count by 220 units). The proximity of public transit in the City Centre and the complementary nature of residential development to employment uses established in the City Centre also promotes non-auto travel and the internalization of traffic.

Parking

The applicant is proposing a refinement of the parking provisions which currently apply to the subject lands, by reducing the minimum parking standard from 1.4 parking spaces per unit to 1.3 spaces per unit. The proportion of the minimum parking standard required for visitor parking will remain unchanged at 0.2 parking spaces per dwelling unit. This is in keeping with the applicant's parking demand experience in existing residential projects in the City Centre. Given that the Scarborough City Centre SRT Station is within walking distance, planning staff are proposing the refinement in the parking standard be fixed at 1.2 parking spaces per dwelling unit, including 0.2 parking spaces per dwelling unit for visitor parking, to recognize the subject land's excellent public transit accessibility attributes. This is consistent with the City Centre Official Plan policies which stipulate that 'the supply of parking for all City Centre Uses shall be controlled to support a high level of transit usage and avoid unacceptable levels of congestion on the City Centre road system.' The recommended refinement will also enable flexibility to improve site design when detailed plans are prepared for final site plan control approval.

Hydrogeological/Soils study

VA Geotech Ltd. prepared a Phase I Environmental Site Assessment and Phase 2 Testing of the subject site which concluded that based on the test results, soils at the site meet the requirements for residential land use, and there appears to be no environmental concerns for the subject property. The Geotechnical Investigation concludes that the current stabilised ground water table at the subject site is apparently lower than the proposed slab on grade elevation. Buildings staff have reviewed the VA Geotech Ltd. reports and concur with the conclusions. The north garage wall of the project is close to the SRT. Further engineering analysis will be undertaken by the applicant in consultation with TTC staff prior to final site plan control approval to ensure adequate precautions are implemented into the design of the project foundations to mitigate levels of vibrations transmitted to the buildings by the SRT.

Agency Comments

Staff from the Toronto Public School Board advise that there is capacity in the local schools south of Ellesmere Road to accommodate school children emanating from this project. There has been no formal response from the Toronto Catholic District School Board to date, however discussions with Board staff indicate that there may be no capacity available in nearby Catholic Schools for school children emanating from this project. Planning staff are continuing discussions with Catholic Board staff regarding school capacity needs in the City Centre. Plans for accommodating the students emanating from this project can be developed by the School Boards in concert with the phasing of this project.

The Works and Emergency Services Department advises that servicing is available to accommodate the increase in dwelling units.

The Toronto Transit Commission (TTC) responded with comments advising the applicant that it is possible for noise, vibration and electro-magnetic fields to be transmitted from the adjacent transit operations into any structure constructed adjacent to the transit facilities or structures. The owner should inform prospective purchasers and lessees, through a clause in the purchase or rental agreements, of the potential for noise, vibration and/or electro-magnetic fields and the fact that the TTC accepts no responsibility for any such effects. Planning staff met with TTC staff and the applicant to discuss attenuation measures which could be applied to the project so that the levels of noise, vibration and magnetic fields that could be transmitted to the subject development will be at the lowest levels technically feasible. The applicant advises that the wall and window construction of the project will meet the indoor sound level guidelines of the Ministry of Environment. Jade Acoustics Inc. has prepared an Environmental Noise Analysis which concludes that transportation noise, including the SRT can be mitigated with the construction design of the project. Further engineering analysis with regard to attenuation measures to be implemented into the construction design of the project will be undertaken by the applicant in consultation with TTC staff prior to final site plan control approval. If a warning clause registered on title advising of the potential for noise, vibration and electro-magnetic fields continues to be necessary following the engineering results, it can be applied as a condition of Site Plan Control approval and Draft Plan of Condominium approval.

Section 37 Contribution

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 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.

Given the proposed increase in residential density, a Section 37 contribution has been requested from the applicant. The applicant has refused to negotiate Section 37 contributions with planning staff for a number of reasons, including: Section 37 contributions were made when the original project was approved in 1988; the overall amount of floor space has only slightly increased when compared with the original proposal; the height has not increased; and they contend that the project will provide affordable ownership housing opportunities.

Planning staff have carefully considered the applicant's position regarding a Section 37 contribution and continue to be of the opinion that a negotiated contribution should be made to the City. Firstly, the Section 37 contributions negotiated for the 1988 approval applied to the density approved at that time. The applicant is now proposing to add an additional 220 residential dwelling units. A preliminary value increase estimate provided by our Appraisal Services staff indicates that a substantial potential increase in land value may be attributable to the proposed increase in residential density. Secondly, residential density is measured on this property and throughout the Scarborough City Centre Plan based on units per hectare (units per acre) not floor area. Lastly, with regard to providing affordable ownership housing, no definition of, or guarantee to secure, affordable ownership housing on this property has been provided by the applicant.

The Section 37 agreement entered into with the City in 1988 was associated with the approval of 1340 dwelling units in the City Centre, including 260 dwelling units approved for the southwest corner of McCowan Road and Town Centre Court. A minor variance granted in June 1999 increased the number of dwelling units by 39 to 299 for this same property . The Section 37 agreement involved a community benefits package for the City including contributions towards daycare, pedestrian walkways, and boulevard landscaping in the City Centre. Some of the landscaping and pedestrian walkway benefits will be phased as development of the 1340 dwelling units proceeds (1379 including the granted minor variance). As well, $400,000 was deposited to the City Centre Area Development Reserve Fund. The Reserve Fund was established by the former Scarborough Council to create a source of uncommitted funds "to facilitate or respond to opportunities for capital infrastructure or community improvement/benefit in order to meet Council's strategic priority for development of the City Centre."

A City-wide policy for the use of Section 37 is currently being developed. In this interim period, a Section 37 benefits package in association with approval of the additional 220 dwelling units should be contributed to the City by the owner, based on negotiations with staff. A portion of this contribution could be directed to the City Centre Area Development Reserve Fund and the remainder directed to the City's Capital Revolving Fund for Affordable Housing. Use of the funds in the City Centre Area Development Reserve Fund will ultimately result in additional amenities and benefits for the development projects and residents in the City Centre including the subject proposal. Planning staff are recommending the Official Plan and Zoning By-law Amendments be enacted by Council once the applicant has agreed to provide a Section 37 contribution, as negotiated with Planning staff, such negotiated contribution to be reported to Scarborough Community Council and then City Council, prior to the enactment of the bills.

Consistency with the Official Plan and Zoning By-law

The Scarborough Official Plan designates the subject lands City Centre Residential Uses 'to provide for residential facilities that will contribute to and enhance the basic City Centre concept as a business, cultural, social, recreational, and governmental use to serve the City.'

The Metro Toronto Official Plan designates Scarborough City Centre as a Major Centre, comprising 'a mix of uses with a concentration of employment activities, residential uses and other compatible uses in a compact, high-density, urban form serviced by high capacity transit.'

The proposed increase in density is appropriate for this particular location for a number of reasons. Firstly, the subject property has excellent accessibility to public transit. Both Ellesmere Road and Brimley Road are well served by TTC bus service. There is a Scarborough RT station and a bus terminal at Scarborough Centre Station to the immediate east of the subject lands. Existing and proposed pedestrian connections surrounding the subject lands will make it easy for residents of the project to utilize public transit.

Increased utilization of public transit will contribute to the maintenance and growth of this public infrastructure, thereby contributing to the possible expansion of public transit services to the City Centre in the future. The City Centre Secondary Plan depicts a future RT station at the intersection of Brimley Road and the existing RT line. Discussions with the TTC suggest that the future RT station, if built, will be located on the west side of Brimley Road. The extension of the Sheppard Subway from Don Mills Road to the Scarborough City Centre is another possible future transit improvement which will only become a reality if transit supportive development, such as the subject proposal, is constructed in the City Centre. Decreased dependency on the automobile, which is a benefit to our environment, can be achieved if development is concentrated around public transit. This proposal is ideally located, providing residents with convenient access to public transit.

The proposal will be compatible with existing City Centre developments and will not have an adverse impact on the surrounding area. The overall height restriction for the residential apartment buildings is not proposed to be changed and will remain a maximum of 85 metres. The heights of 28 and 30 storeys are consistent with existing heights in the City Centre and Phase One Omni building.

More residential uses in the City Centre will help support existing businesses and further employment expansion in the City Centre. Jobs follow residential, as well as vice versa. The recent expansion at Scarborough Town Centre is a sign of confidence in the City Centre. Bringing more people to live in the City Centre may fuel additional expansions. Revolutionary changes are underway in how and where people work and shop. Increasingly people are telecommuting, and locational decisions are increasingly tied to the amenities and housing availability of an area. With concern over school closures south of Ellesmere Avenue, more residential uses in the City Centre will help reduce vacant pupil spaces in existing schools. These and other emerging issues facing the City Centre will be explored as part of an upcoming review of the City Centre Secondary Plan. Terms of Reference will be prepared and brought forward for Scarborough Community Council's consideration later this year. This review will help define the role of Scarborough City Centre within the newly amalgamated City, and will coincide with the work being done on the new Official Plan.

Conclusions:

The intensification of the lands to a higher density is, in the opinion of planning staff, considered good planning and may enable further phases of residential uses to proceed on the subject lands, resulting in significant benefits to the City including increased utilization of the Scarborough RT and existing public schools south of Ellesmere Road, support of local employment and business, and development of attractive additions to the City Centre skyline. The proposal will not have an adverse impact on the surrounding area and will contribute to the City Centre concept by enhancing the area as a business, cultural, social, recreational and governmental Centre for the City. The applicant's proposal is subject to Section 37 of the Planning Act and a community benefits package should be provided by the applicant in exchange for the proposed increase in residential density. The applicant has refused to negotiate a Section 37 community benefits package with planning staff. The Official Plan and Zoning By-law Amendments should be enacted by Council subject to the applicant agreeing to provide a Section 37 contribution, as negotiated with Planning staff, such negotiated contribution to be reported to Scarborough Community Council and then City Council prior to the enactment of the bills.

Contact:

Joe Nanos

Senior Planner, Community Planning

Scarborough Civic Centre

Telephone: (416) 396-7037

Fax: (416) 396-4265

E-mail: nanos@toronto.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

List of Attachments

1. Existing Context Plan

2. Zoning

3. City Centre Land Use Plan

4. Figure 1 Site Plan

5. Figure 2 Overall Development Concept Plan

6. Figure 3 Elevation Plan

7. Figure 4 Perspective

8. Figure 5 Perspective

 

   
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