Ontario Municipal Board Appeals by

File No. Z-2299 (Kingsway-Humber)

The Etobicoke Community Council recommends that:

(1) the application by Outlook Investments & Developments Limited for amendments to the Etobicoke Official Plan and Zoning Code to permit residential condominium and rental development on the south side of Dundas Street West, between Dunbloor Road and Mabelle Avenue, be refused; and

(2) the following report (January 11, 2000) and supplementary report (January 20, 2000) from the Director of Community Planning, West District, be received:

The Etobicoke Community Council submits the following report (January 11, 2000) from the Director of Community Planning, West District:

Purpose:

To provide advice respecting appeals to the Ontario Municipal Board by Outlook Investments & Development Limited with respect to an application for amendments to the Official Plan and Zoning Code to permit a development consisting of a total of 1,253 residential condominium and rental apartment units, 22 condominium townhouses, public open space, roads and pedestrian walkways. This application applies to a 2.3 hectare (9 acre) parcel of land located on the south side of Dundas Street West, between Dunbloor Road and Mabelle Avenue, formally known as the Michael Power High School Site (5055 Dundas Street West).

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) the Acting Commissioner of Urban Development Services report directly to City Council, if necessary, respecting an affordable housing contribution and any other outstanding matters respecting the Section 37 agreement for this project;

(2) appropriate City staff be authorized to enter into a Section 37 Agreement with the owner to secure, among other matters, an affordable housing contribution, public art, pedestrian connections, parks and infrastructure as set out in Attachment No. 5 of this report, in a form satisfactory to the Urban Development Services Department and the City Solicitor; and

(3) subject to the entering into of a Section 37 Agreement as set out in recommendation No. (1) above and the conditions to approval outlined in Section 8.0 of this report, the City Solicitor be directed to provide representation respecting the Official Plan and zoning amendment appeals by Outlook Investments & Development Limited at the Ontario Municipal Board, and that the development, as currently revised, be supported substantially in accordance with this report.

Background:

On June 9, 1999, Outlook Investments & Development Limited submitted an application for amendments to the Official Plan and Zoning Code to permit three 25-storey apartment buildings and three-storey townhouses for a total of 755 units. This development was premised on a total gross floor area of 68 618 m² (738,622 sq ft) and a gross floor space index (FSI) of 1.8. This original proposal was a privatized development, oriented inwards to a single access/egress roadway servicing the development, an interior park space and 49 townhouse units.

Following preliminary meetings, the applicant redesigned the original proposal and resubmitted the application on August 11, 1999. The revised proposal contemplated a more intensive form of development with five apartment buildings ranging in height from 12 to 30 storeys for a total unit count of 1, 218. The proposal was premised on a gross FSI of 3.4, generating a total gross floor area of 129 000 m² (1.4 million sq ft) and a density of 319 uph.

After considering staff's concerns with this development concept the applicant revised and resubmitted the application on September 2, 1999. This revised submission was redesigned in a more urban form of development and integrated the development into the existing community. The application consisted of five apartment buildings with heights ranging from 9 to 30 storeys and 20 condominium townhouses consisting of 1, 218 units. The proposal was premised on a gross FSI of 3.0, generating a floor area of 114 500 m² (1.2 million sq ft) and a density of 319 uph. This application included the provision of a rental apartment building, a more prominent location for the park on Dundas Street West, improved public streets and pedestrian walkways which integrate the site with the surrounding community.

This revised application was the subject of a community meeting on October 7, 1999, which was attended by approximately 150 area residents. Concerns that were expressed at this meeting related to traffic impact and access arrangements, traffic infiltration through residential neighbourhoods via Royalavon Crescent, public park location, inadequate school capacity, number of units proposed, density, building heights and the lack of mixed use.

Following the community meeting and further staff comments, further modifications to the development were made including a reduction in the height of one building, the division of one large rectangular slab building into two smaller rental buildings, a reduction in gross floor area, an increase in total units to 1,275 within the reduced gross floor area and an increase in the proposed parking provision from 1.1 spaces per unit to 1.25 spaces per unit. This current proposal is the subject of this report.

On November 2, 1999, Outlook Investments & Development Limited submitted appeals to the Ontario Municipal Board respecting Official Plan and Zoning By-law amendment applications which were originally submitted to the City on June 9, 1999. The appeals were made pursuant to Section 22(7) and Section 34(11) of the Planning Act, which permits appeals to the Board if Council consideration is not given within prescribed time periods as set out by the Act. A Pre-Hearing conference has been scheduled for this matter on February 11, 2000.

Comments:

1.0 Site Description and Surrounding Land Uses:

The 3.8 hectare (9 acre) site is located between Dundas and Bloor Streets, east of Dunbloor Road (Attachment No. 1). The lands are designated Mixed Use (residential preferred) by the City Centre Secondary Plan and are zoned Limited Commercial (CL) on the Dundas and Bloor Streets frontages and Third Density Residential (R3) within the interior of the site.

The irregularly shaped parcel is part of a larger tract of land known as the Michael Power and Sisters of St. Joseph High School Site. The Sisters of St. Joseph recently sold the westerly portion of these lands, which previously contained the St. Joseph High School, to the Society of Franciscan Fathers of Ontario. A portion of these lands (1 ha/2.5 ac) fronting on Bloor Street West was recently rezoned to permit a church and a 90-bed nursing home. Most of the remainder of these lands (1.2 ha/2.9 ac) are now the subject of a zoning amendment application (File No. Z-2306) submitted on November 15, 1999, by the Society of Franciscan Fathers of Ontario to permit the construction of a 7-storey, 98-unit, mixed-use commercial residential condominium apartment building and 64 condominium townhouses for a total of 162 units. This application is currently under review by Planning staff and a public meeting on this matter will likely be scheduled in the spring of this year.

All adjacent properties fall within the boundaries of the City Centre Secondary Plan. Surrounding Official Plan designations, zoning categories and land uses are as follows:

North: Fronting onto Dundas Street West - Designated Commercial-Residential Strip which would permit mixed use development up to a maximum height of five storeys. Zoned Limited Commercial (CL) which permits mixed use commercial and commercial residential uses. Further north, outside the Secondary Plan boundaries, lands are designated Low Density Residential and zoned Second Density Residential (R2), permitting the existing low density residential uses.

East: High Density Residential designations, permitting a maximum residential density of up to 371 uph. Zoned Fourth (R4) and Sixth (R6) Density Residential permitting 14- to 36-storey rental apartment buildings. Further east is the Islington Subway station and TTC bus terminal.

South: Fronting onto Bloor Street West - Designated Mixed-Use (Commercial Preferred - Westwood Theatre Site) which would permit a mixed use development comprised primarily of office uses in association with residential and/or institutional uses. Zoned Class 1 Industrial (I.C1) permitting the existing 22 Division Police Station and partially vacant multi-tenanted commercial building. Canadian Pacific Railway Line/TTC Bloor/Danforth subway Line and hydro electric path corridor zoned Utilities (U) are also located south of Bloor Street West.

West: Lands are similarly designated Mixed Use (residential preferred). Abutting the subject site to the west, and fronting Bloor at 3650 Bloor Street West the lands were rezoned in 1998, to permit a church and a 91-bed nursing home. The balance of the lands to the west fronting on Dundas Street West are the subject of a rezoning application (File No. Z-2306) which was previously discussed above.

2.0 Proposal:

The applicant is seeking to amend the City Centre Secondary Plan to permit a residential development containing six apartment buildings with a gross FSI of 3.0, a total of 1, 275 units, and one building with a maximum height of 30 storeys or 83 m (272 ft). The applicant has also requested a rezoning from Limited Commercial (CL) and Third Density Residential (R3) to Sixth Density Residential (R6) and Public Open Space (OS).

As identified in the most recent plans, the proposed residential development would consist of six apartment buildings. A centrally located public walkway divides the site into north and south halves. The south half of the development contains three buildings with a shared service court. The proposed 20-storey building would face the new public road and the townhouses would define the edge of the east-west pedestrian walkway. The proposed 30-storey building would be sited at the southerly edge of the property aligned with Bloor Street West and addressing the pedestrian connection to Bloor Street West. The proposed 24-storey building would be setback to the east of the service court (Attachment No. 2).

The north half of the site exhibits a similar configuration and includes three apartment buildings organized around a shared service court. 10- and 8-storey buildings, which are linked by a common one-storey podium, would define the southerly edge of the newly created public park on Dundas Street West. A 20-storey building would also front onto the new public road and would incorporate three storey townhouses defining the north edge of the east-west public pedestrian connection.

Vehicular access will be provided via two new public roads. The first (Phase I) will extend south from the intersection of Dundas Street West and Royalavon Crescent into the applicants site, terminating in a cul-de-sac just north of Bloor Street West (i.e., approximately 250 metres south of Dundas Street West). The site will have vehicular access to Bloor Street West via a second new public road (Phase II) traversing the adjacent Franciscan Fathers of Ontario lands, between the existing traffic signals on Bloor Street West at the driveway to the 22 Division Police Station, and the proposed new north/south road mentioned above, at a point approximately 110 m (361 ft) south of Dundas Street (Attachment No. 3). Two new public parks are proposed, one located at the most northerly limit of the development which fronts onto Dundas Street west and is approximately 0.69 ha (1.7 ac) in size and one located at the south-west corner of the property (0.08 ha/0.20 ac) providing a pedestrian connection to Bloor Street West.

The applicants have advised that the development will proceed in phases. Phase I involves the construction of the rental buildings "A" and "B". As part of this phase the public parks, the new north/south road (Phase I) extending from Dundas Street West and Royalavon Crescent intersection and pedestrian improvements along Bloor Street West will be constructed. Prior to the commencement of any subsequent phase(s), arrangements for the construction of the new public road (Phase II) connecting to Bloor Street West and the east/west public pedestrian walkway at the centre of the site shall be secured to the satisfaction of the City.

Attachment No. 1 is a zoning map of the area. Attachment Nos. 2, 3, 4 and 5 are reductions of the proposed site plan and elevations. A summary of information as provided by the applicant is listed in Table No. 1.

TABLE NO. 1

3.0 Official Plan Designations:

The subject property is designated "Mixed Use: Residential Preferred (minimum 50 percent residential)" within the City Centre Secondary Plan. Policies relating to the subject lands are found in the Metropolitan Toronto Official Plan, City of Etobicoke Official Plan and the City Centre Secondary Plan. The applicable policies of each document are outlined below.

3.1 Metropolitan Toronto Official Plan:

The Metro Plan identifies the Etobicoke City Centre as a "Major Centre" requiring compact, high-density, rapid transit oriented urban form. It also encourages the concentration of new housing and employment in centres and promotes the efficient reuse of land and infrastructure.

3.2 City of Etobicoke Official Plan:

The Mixed Use designation of the City of Etobicoke Official Plan provides for integrated mixed use developments which combine residential, office, hotel, retail and/or institutional uses. The Plan indicates that the range and mix of uses permitted on a particular site as well as the height and density of development will be provided in a site specific policy or secondary plan, which is the case for this site.

The Etobicoke Official Plan also provides policies that encourage housing intensification, especially in Centres. Such intensification is directed toward increased density and redevelopment in proximity to existing or approved major transit lines and stations, through the addition of residential units on under-utilized sites and through the provision of additional units on existing medium and high density sites.

The former Michael Power lands are vacant and are situated in close proximity to the Islington Subway Station. The lands are also designated "Mixed Use - Residential Preferred" which would permit high density residential development. The general intent of this policy is to develop a mix of uses on the lands, there is no maximum amount of residential development specified in this site specific policy. The location of the proposed public park on the Dundas frontage and the grade change between Bloor Street West and the site precludes the opportunity to introduce a mixed use component on the main street frontages.

Section 11.8.2 of the Etobicoke Official Plan allows for the use of Bonus Zoning pursuant to Section 37 of the Planning Act to secure facilities, services or matters which would result in a benefit to the public. Staff are recommending the use of this section of the Official Plan in order to secure funds and/or units for affordable housing in accordance with Council policy, by way of a Section 37 Agreement. The Section 37 Agreement will further act as a mechanism to secure other key development matters regarding the implementation and timing of key aspects of this development which will be discussed later in this report.

In order to enter into such an agreement the amending by-law for the project will need to include provisions in accordance with Section 37 of The Planning Act.

3.3 City Centre Secondary Plan:

The City Centre Secondary Plan area has been planned as a high intensity mixed use area. The plan encourages a multi-functional, pedestrian and transit oriented centre, incorporating a mix of residential, commercial, institutional, recreational, transportation, utility and industrial uses which are intended to provide a focus for the central Etobicoke community. Based on a market place which has shown a much greater preference for residential development than for the originally proposed office uses, and the need to re-evaluate the area and its role within the broader context of the new City of Toronto, the Secondary Plan is currently under review.

Preliminary findings of the Secondary Plan review indicates that the degree of planned office development will not likely be achieved, however, many of the goals of the Plan can be attained through new residential development. A report entitled, Kipling/Islington City Centre Secondary Plan Review - Status Report, was adopted by Council on December 14, 15 and 16, 1999. The Status Report concluded that: the detailed and prescriptive nature of the Plan's land use and urban design policies have not been able to respond to changing market conditions; planning for the area must take advantage of existing infrastructure including transit, roads and sewers; and opportunities exist for community integration. The report also states that the review of site specific applications within the secondary plan area should continue to be processed within the context of the findings of the secondary plan review.

The subject site is affected by Site Specific Development Policy No. 13.3.8 which applies to the larger area formerly known as the Michael Power and St. Joseph's High School property. This policy encourages the area to be developed for a mix of uses comprised primarily of medium scale residential development which incorporates retail and office uses adjacent to Dundas Street. The maximum net density permitted by the site specific policy is 2.5 and 198 uph. However, the policy also recognizes that a substantial amount of this development site would be required to be dedicated to the City for public purposes in order to introduce a new public street system and provide for a substantial public urban park. As such, the policy also establishes development permission for density based on a minimum gross FSI of 2.0. The site specific policy would also allow for a reassessment of the density applied to the lands if direct access to the subway is provided.

Urban design guidelines are also in place for the lands affected by the site specific policy. The guidelines were prepared to assist Council in evaluating proposals for the lands. These design considerations called for an internal street system to service and access reasonable parcels, a public park, improved pedestrian linkages between adjacent properties and medium scale development among other matters. The guidelines also recommended an urban square along the Dundas Street frontage.

4.0 Development Proposal Review:

This application has been reviewed in a comprehensive manner with respect to a number of issues including the proposed public road system, pedestrian connections, parks, open space, density, height/built form, community services, affordable housing and public art. This section of the report reviews these matters and sets out that a Section 37 Agreement be entered into between the City and the applicant to secure the comprehensive implementation of the City's policies and objectives.

The applicant's proposal represents a significant city building opportunity in the City Centre area. The proposed development will greatly assist in the implementation of the Plan by beginning to build the presence and focus desirable of a City centre area. Additional residential development will enhance local retail and service markets and ultimately increase the attractiveness of the area for further investment. The proposed development also provides an opportunity to take advantage of the site's close proximity to the Islington Subway Station. The provision of new pedestrian connections to Bloor Street West and Mabelle Avenue will provide residents with convenient pathways to the Islington Subway Station.

The location of the proposed public roads, parks and public pedestrian connections have been planned to provide amenity and infrastructure to the existing community while creating two development blocks which can be integrated with the existing neighbourhood. The development blocks allow for high density residential development to occur so that buildings can be appropriately placed to relate to the public realm of new streets, parks and pedestrian connections and oriented in a fashion to minimize impacts and maintain appropriate relationships with the surrounding high rise built form. The proposal must also address Council's policies respecting affordable housing and public art.

4.1 Streets System:

A key objective of the site specific development policies for these lands is the provision of a new public internal street system to service and access the development parcels. For the subject application, vehicle and pedestrian access will be provided via two newly created public roads. The first will extend south of the intersection of Dundas Street West and Royalavon Crescent, into the applicant's site, terminating in a cul-de-sac just north of Bloor Street West. Continuation of the road through to Bloor Street is not possible due to existing steep grades and the proximity of both the subway and Canadian Pacific rail bridges, however, a pedestrian connection between the cul-de-sac and Bloor Street West is proposed (see section 4.2 for further details concerning the pedestrian connections). This new road is entirely on the applicant's lands. Staff recommend that this road be constructed in its entirety in conjunction with the applicant's first building.

The site will have vehicular access to Bloor Street West via a second new public road traversing the adjacent Franciscan Fathers of Ontario lands. This road is located between the existing traffic signals on Bloor Street West at the driveway to the 22 Division Police Station, and connects to the proposed new north/south road on the applicant's site at a point approximately 110 m (361 ft) south of Dundas Street West. This road will follow the north and west edges of a parcel of land known as 3650 Bloor Street West, the site of an approved proposal to construct a church and nursing home. Construction beyond the applicant's first phase of development (i.e., buildings 'A' and 'B') will be contingent upon this road being in place.

The dedication of the public roads and the timing of their construction including construction standards and environmental remediation if deemed necessary will be secured through the Section 37 agreement as indicated in Attachment No. 6.

4.2 Pedestrian Connections:

Another key objective of the Secondary Plan is to ensure that development of the lands shall provide for improved pedestrian linkages between adjacent properties. The applicant in this instance has proposed, at staffs request, an east/west pedestrian walkway through the centre of the site, dividing the development proposal in half. This walkway would be lined with the frontyards of the proposed townhouses and connected to the newly created public road system to the west. It is the City's objective to continue this walkway eastward connecting to Mabelle Avenue some time in the near future.

A second pedestrian connection will link the proposed cul-de-sac of the proposed new north/south public road on the applicant's lands to the existing sidewalk on the north side of Bloor Street West. This connection provides residents of the proposed development, and residents of adjacent neighbourhoods, with a convenient pedestrian route to the Islington subway station via Bloor Street West. The applicant has agreed to improve this portion of the Bloor Street sidewalk as part of the first phase of development.

The construction and timing of the proposed pedestrian walkways and improvements to the Bloor Street subway will be secured through the Section 37 Agreement as indicated in Attachment No. 6.

4.3 Parks:

The site specific policy for these lands as set out in the City Centre Secondary Plan, states that a major public open space is to be provided as part of any development on the subject lands. The development of an east/west pedestrian open space system through the site is also required. The minimum amount of parkland conveyance is to be 5 percent of the land proposed for development with a maximum of 20 percent. The ability to require cash-in-lieu of parkland or a combination of land and cash-in-lieu is provided by the Secondary Plan.

In accordance with the Secondary Plan policies, the applicant will provide the maximum 20 percent parkland dedication consisting of a 0.69 ha (1.70 acre) public park at the north end of the site, as well as a 0.08 ha (0.20 acre) parkette at the south end of the site for a total park area of 0.76 ha (1.9 ac). The northern park is to be located adjacent to the Dundas Street frontage and will possess the ability to provide active recreational amenities, as well as passive recreation opportunities. The park will be designed to include an urban treatment at the Dundas Street West edge, walkways, pedestrian scale lighting and landscaping to benefit new and existing residents in the area.

The southern parkette will be located at the south end of the site and includes the pedestrian connection between the site and the public sidewalk on Bloor Street leading to the Islington Subway Station. This portion of the public park dedication will be designed and constructed by the applicant at no cost to the City without any development charge credit.

An east/west open space connection between the open space to the east of Mabelle Avenue and the new north-south public street will be provided via the east/west pedestrian walkway and the future link through the Toronto Housing Company Inc. properties.

The proposed parks shall be constructed during the first phase of construction. Details with respect to the dedication, construction and timing of the proposed parks shall be secured through the Section 37 Agreement as indicated in Attachment No. 6.

While a number of discussions have taken place with Parks staff respecting this proposal, their final comments remain outstanding.

4.4 Density:

The Secondary Plan permits a maximum net FSI of 2.5, 198 uph and a minimum gross FSI of 2.0. The proposed development would generate a gross FSI of 2.9 and 334 uph (136 upa). The net density of the development following public dedications is 4.3. As 33 percent of the site will be dedicated to the City for public purposes, consideration of the proposal on a gross basis, in this instance, is appropriate. Staff also note that the density provisions of the Secondary Plan were based on a unit size of 120 m² (1, 300 sq ft) which is generous by today's standards. The applicant is proposing a more contemporary and affordable average unit size of 80 m² (860 sq ft), geared to single persons, young couples and empty nesters. Given the smaller unit size it would be appropriate to allow for an increase in the permitted density expressed in units per hectare. In order to permit the proposed density an amendment to the Secondary Plan will be required to permit the increased floor space index and number of units per hectare. The request for this amendment must be viewed in terms of the general planning context of the area and the ability of the site and surrounding area to sustain the proposed development.

The subject lands are located within the City Centre Secondary Plan which is planned as a high intensity mixed use area. As discussed previously, the preliminary findings of the review of the Secondary Plan indicate that the degree of planned office development may never occur. However, achievement of many of the goals of the Plan can be attained through new residential development. Accordingly, the proposed residential intensification of the Michael Power lands is appropriate within the planning policy context of the City.

The subject site is bounded by Dundas Street to the north and Bloor Street to the south, both of which contain the proposed development and provide a substantial separation between the site and the nearest low density residential lands. In addition to the existing commercial uses along Dundas Street the proposed park will act as a buffer to the low density residential community to the north. To the south, existing industrial and utility uses separate the proposal from the low density residential community south of Fieldway Road.

High rise apartment buildings ranging from 14 to 36 storeys are situated to the east while undeveloped lands containing the same land use designation lie immediately to the west. The proposed residential buildings will be sited in such a manner that there will be no significant overshadowing of adjacent buildings or loss of amenity for surrounding properties within this high density residential area. The highest building proposed at 30 storeys will be located in the least sensitive location adjacent to Bloor Street and the railway tracks at the south end of the site. Direct access to the area's arterial road network and appropriate turning movement restrictions at the intersection of Dundas Street/Royalavon Crescent can prevent traffic from infiltrating the low density residential area to the north. Given the nature of the surrounding uses, separation distances and the buffers, area properties will not be negatively impacted by the proposed development.

As mentioned previously, the site specific policies which apply to this site contain a statement which would allow for the reassessment of density on the subject site if a direct connection to the subway is provided. Given the location of existing subway stations and existing intervening uses, a direct connection to the Islington Subway Station may not be viable. However, the applicant proposes to introduce surface pedestrian connections to Bloor Street West and Mabelle Avenue. These connections will substantially reduce the walking distance to the Islington Subway Station. These connections will also benefit adjacent residential neighbourhoods. In addition, the applicant has agreed to make improvements to the portion of the Bloor Street sidewalk leading to the subway station to further improve the pedestrian environment.

The majority of resident and visitor parking will be located below-grade with a few short-term visitor/service parking spaces located within the service courts. The proposed site statistics indicate that building coverage and paved area would occupy approximately 34 percent and 15 percent of the net site area, respectively. Approximately 51 percent of the net site would be landscaped with areas of large consolidated outdoor amenity space for passive outdoor activities. Outdoor amenity areas are also positioned adjacent to indoor amenity areas for ease of use and convenience.

4.5 Height and Built Form:

Height limits for residential development in the Secondary Plan are set out in Section 13.4.2. This section of the Plan sets out a general height limit of 8 storeys for residential development. Higher buildings up to a general height limit of 66 m (24-storey) may be permitted at key locations where shadow, wind and other negative impacts are minimized, and where such development is consistent with site specific policies.

As noted previously, the subject property is a key site and heights in excess of 8-storeys would be appropriate. One of the 6 proposed apartment buildings would exceed the 66 metre (24-storey) height limit. This is the most southerly building closest to Bloor Street where a height of 82.5 metres (30 storeys) is proposed. In light of the buffering provided by Bloor Street, the railway tracks and the office and industrial uses along Fieldway Road to the south, this location is the least sensitive and most able to accommodate an increased height. It should be noted that existing building heights to the east of the site on Mabelle Avenue reach a maximum height of 36 storeys. Staff note that shadow impacts from the increased height are minimal and fall largely on the subject lands. Wind remediation, however, will be required in certain key locations and will be reviewed as part of the Site Plan Control Approval process and secured within the Section 37 agreement.

The Plan also encourages the provision of a range of building forms and heights in order to create greater building diversity and transition. The subject proposal includes a range of building forms and heights from the three storey townhouses to mid-rise and high-rise apartment forms ranging in height from 8, 10, 20, 24 and 30 storeys. The organization of the buildings on the site generally provide for a transition in height with the highest elements located closest to Bloor Street West and stepping down towards the Dundas Street park.

The Secondary Plan provides a set of general urban design guidelines for all areas of the Plan as well as a set of site specific guidelines to assist in the evaluation of specific proposals. The urban design guidelines specific to the Michael Power lands direct development to be oriented to a new north/south and east/west street pattern within the site. Apartment buildings in the subject proposal are generally oriented to the street and build-to lines are adhered to. The proposed townhouse units are oriented to the east/west public walkway. Private open space areas are generally located to the rear of buildings and ample opportunities for landscaping are provided.

The following Urban Design Objectives, as articulated in the Secondary Plan Guidelines, have been achieved by the applicant's proposal:

(1) a finer grain of development parcels have been achieved by breaking down the site with the new north south street and the east west pedestrian walkway;

(2) a public park location which is accessible to both the new and existing communities; the park serves to buffer the higher density proposal from the lower scale houses to the north which provides a positive amenity along the struggling Dundas retail strip and serves as an address or identity for the new neighbourhood along the arterial;

(3) a site organization which integrates the proposal with the existing and future community;

(4) a variety of building types, heights and designs;

(5) buildings which front onto a high quality public realm, which is further enhanced by the new street, sidewalks and tree planting; the buildings form a 'streetwall' which is animated by front entrances, canopies, etc.;

(6) high quality architectural design, including an articulated building base, setbacks, cornice lines and special consideration to roof treatment; and

(7) a positive treatment of the grade changes which occur around the site, particularly the Bloor Street park connection.

Community Planning staff are satisfied that the project generally complies with a number of urban design goals and objectives of the Secondary Plan. Planning staff are preparing revised site specific guidelines which will include such matters as built form, massing, architectural design, wind remediation measures, streets and block patterns, streetscape design, public parks, pedestrian connections and public art. These guidelines will be incorporated within the Section 37 Agreement and implemented as part of the Site Plan Control Approval process (Attachment No. 6).

4.6 Community Services:

To provide an analysis of the levels of community services, the applicant has submitted, at the request of staff, a study, titled "Outlook Investments Social Analysis", prepared by Clayton Research. The study provides a projected demographic profile of the occupants of the development as well as an inventory of community services in the area.

The demographic profile used by the consultant is based on proposed unit sizes, proposed number of bedrooms in the units and comparisons of similar developments constructed in the Etobicoke community between 1986 and 1996. The study estimates that the ultimate population of the development will be approximately 2, 282 persons. The projected age structure would generate 112 pre-school aged children, 75 elementary school aged children and 42 secondary school aged children.

The inventory of community services lists proposed on-site recreation amenities as well as all schools, parks, daycare facilities, recreation facilities, senior citizen's centres and libraries within three kilometres of the site.

The development of the on-site park will provide recreation opportunities for new and existing residents of the community to augment existing park and recreation facilities in the area. Five licensed daycare facilities exist in the area to accommodate the needs of the 112 pre-school children projected to be generated by the proposed development. The nearby Islington Seniors' Centre and the Fairfield Seniors' Centre are available to provide facilities for the estimated 137 persons aged 65 or older from the proposed development. The nearby Brentwood Library on the south side of Bloor Street approximately 1.2 km east of the site as well as the Eatonville Library (which will undergo a proposed expansion) at the south-east corner of the East Mall and Burnhamthorpe Road will provide library services.

In light of the foregoing review, it would appear that services exist in the surrounding neighbourhood to accommodate additional residential development. As part of the ongoing review of the City Centre Secondary Plan, staff will provide a further review of levels of community services requirements in relation to further development in the area.

It should be noted that at the time of the preparation of this report both the Toronto District School Board and the Toronto Catholic District School Board had not provided their final comments on the proposal. Planning staff will be contacting the school boards to obtain final comments as soon as they are available.

4.7 Affordable Housing:

When considering the recommendations of the Mayor's Homelessness Action Task Force Final Report, City Council, in July of 1998, directed that the Commissioner of Urban Development Services pursue contributions towards the provision of affordable housing pursuant to Section 37 of the Planning Act for site-specific amendments to both the Official Plan and Zoning By-laws which include increases in permitted height and/or density.

In response to this policy, the applicant has made a preliminary proposal to enter into a Section 37 Agreement with the City securing the two northerly condominium buildings, Building 'A' and 'B' as market rental housing. The two buildings, comprising of a total of 164 units, would be placed under condominium ownership but would be rented and not owner occupied for a period of 20 years. The applicant is also prepared to consider smaller unit sizes on 25 percent of the proposed condominium units in order to make them intrinsically affordable.

The applicant's proposal does not meet Council's policy intentions with respect to contributions towards the provision of affordable housing. Options to address Council's direction respecting affordable housing contributions could include securing affordable built-to-purpose rental housing on site or a contribution to the City's Capital Revolving Fund for Affordable Housing.

Staff are discussing with the applicant alternative ways of addressing contributions to affordable housing. At the time of preparation of this report this matter has not been resolved. This report recommends that the Acting Commissioner of Urban Development Services report directly to City Council on this and any other outstanding issues respecting the proposed Section 37 Agreement.

4.8 Public Art:

The Planning and Transportation Committee recently adopted the Civic Improvements Strategic Priorities report of the Urban Development Services Department. Contained within this report was the recommendation for the extension of the former City of Toronto one percent Public Art Policy to the entire City. The purpose of this recommendation was to extend this policy in order to address major residential projects. The former City of Etobicoke also had endorsed a policy of securing public art as part of the new development.

Planning staff have reviewed the application within the context of the Public Art policies of the former Cities of Etobicoke and Toronto, and are continuing to discuss the details of a public art contribution with the applicant. Any provision of public art will be secured within the Section 37 Agreement.

5.0 Zoning Code:

The applicant has also requested a rezoning from Limited Commercial (CL) and Third Density Residential (R3) to Sixth Density Residential (R6) and Public Open Space (OS). A site-specific by-law amendment is proposed to provide for site specific development standards in the Zoning Code related to building height, parking, building setbacks, build to and minimum frontage conditions established by way of a building envelop, floor space index and landscaped open space. In addition the by-law shall contain provision for a Section 37 Agreement securing facilities, services and matters.

6.0 Further Planning Approvals and Agreements:

If approved, the application would necessitate the enactment of an Official Plan Amendment to amend the existing Site Specific Policy No. 13.3.8, as it applies to the subject lands to permit a residential development consisting of a maximum of 1, 275 units, an overall gross floor space index of 3.0, 22 townhouse units and 6 apartment buildings ranging in height from 3, 8, 10, 20, 20, 24 and 30 storeys (83 m maximum). A site specific by-law would implement the Official Plan Amendment.

As the lands are subject to Site Plan Control, the applicant will also be required to submit detailed site plans for review and approval. All of the forgoing may necessitate the submission of additional studies and/or verification that the lands can be developed as proposed as well as the entering into of several agreements (i.e., Section 37, Site Plan Control). These requirements are set out in Section 8 of this report.

7.0 Agency comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by Toronto Public Health, Toronto Hydro, Canada Post and the Ministry of Municipal Affairs and Housing.

The Transportation Services Division of Works and Emergency Services have, in consultation with City Planning staff, reviewed the transportation impact study submitted by the applicant, dated November 16, 1999, and prepared by iTRans Consulting Inc. Staff have concluded that the study is acceptable and that the proposed level of development can be accommodated without detriment to existing roadway levels of service, subject to the following requirements (Attachment No. 7):

(1) Construction of the proposed public north/south road (Phase I road), extending south from the intersection of Dundas Street West/Royalavon Crescent, and terminating in a cul-de-sac at a point approximately 250 metres further south. This road must be constructed in its entirety prior to the construction of the applicant's proposed first phase of development (e.g., buildings 'A' and 'B').

(2) Traffic signals at the intersection of Dundas Street West/Royalavon Crescent must be redesigned to provide for the new north/south road identified above. To address concerns regarding the possibility of site generated traffic infiltrating the residential community north of Dundas Street West via Royalavon Crescent, the northbound through movement will be prohibited. Restrictions on the southbound through movement from Royalavon Crescent to the new public road may be considered upon a review of the observed traffic impacts of the development.

(3) Construction of the new public road (Phase II road) between Bloor Street West and the new north/south public road identified above must be completed in its entirety prior to occupancy of any development beyond Phase I.

(4) The applicant must provide for a public walkway connecting the proposed north/south public road (Phase I road) to the existing sidewalk on Bloor Street West, and an east/west walkway through the centre of the site, between the proposed north/south road (Phase I road) and the eastern edge of the site, which will eventually connect to Mabelle Avenue.

(5) Vehicular parking for residential condominium and rental apartment units having two bedrooms or less must provide parking at a ratio of no less than 1.25 parking stalls per dwelling unit, with a minimum of 0.2 stalls per unit reserved for the exclusive use of visitors. All other dwelling units must provide parking at a ratio of no less than 1.40 parking stalls per dwelling unit, with a minimum of 0.2 stalls per unit reserved for the exclusive use of visitors.

These requirements will be addressed to the satisfaction of Transportation Services and City Planning staff within the Section 37 or other appropriate Agreement(s). All of the transportation improvements noted above must be provided at no cost to the City of Toronto. If necessary, the applicant is required to comply with any applicable Class Environmental Assessment provisions of the Environmental Assessment Act, as described in the Municipal Engineers Association's document, entitled "Class Environmental Assessment for Municipal Road Projects", in regard to proposed new public roads.

The Technical Services Division of the Works and Emergency Services Department has advised that the developer will be required to enter into an appropriate agreement and post adequate financial guarantees as security for the required infrastructure improvements and financially responsible for all work proposed within the road allowance or any improvements to existing services (Attachment No. 8). The following technical requirements shall also be provided to the satisfaction of the division:

(a) The developer will be responsible for the construction of a 300 mm watermain from Dundas Street West through the site to connect to Bloor Street West.

(b) The developer will be responsible for service connections to proposed new sanitary sewers on Bloor Street West and/or Dundas Street West, and storm sewers on Bloor Street.

(c) Alternatives to the applicant's proposal to improve stormwater quality must be discussed.

(d) The developer will be required to design and construct roads and sidewalks to the Works and Emergency Services Department standards and specifications.

(e) Details with respect to solid waste management must be provided to the satisfaction of the Coordinator of Waste Management Programming, Works and Emergency Services.

(f) Environmental Reports are required for review (Peer Review) for any lands that will be dedicated to the City.

The Toronto Transit Commission has advised that site and foundation plan approvals are required prior to the issuance of a building permit. TTC staff also note that the developer should apply attenuation measures so that levels of noise, vibration and electro-magnetic fields in the proposed development will be at the lowest levels technically possible. Given the presence of the Bloor Subway line in the immediate vicinity, the developer will also be required to include warning clauses in all Purchase and Sale and/or Lease Agreements, advising of the potential for noise, vibration and/or EMF impacts and the fact that the TTC accepts no responsibility for any such affects to the satisfaction of the City Solicitor (Attachment No. 8). Provision of these clauses would be secured by the Section 37 Agreement.

Canadian Pacific Railway advise that they are not in favour of residential developments in close proximity to CPR right-of-ways. However, if approved, CPR requests that: a noise study be undertaken and mitigation measure implemented; appropriate warning clauses to be inserted in all Purchase and Sale and/or Lease Agreements; and an agreement to secure these requirements (Attachment No. 9).

Toronto Fire Services staff have verbally advised that the proposed service courts must be designed to meet their requirements and will eventually be designated as Fire Routes. Fire staff will complete their review as part of the Site Plan Control Approval process.

8.0 Conclusions:

The subject application has been evaluated within the context of the policies contained within the Kipling/Islington Secondary Plan and the Kipling/Islington City Centre Secondary Plan Review - Status Report.

City Planning staff are satisfied that the project generally complies with a number of urban design goals and objectives of the Secondary Plan. New site specific guidelines, which will include such matters as built form, massing, architectural design, wind remediation measures, streets and block patterns, streetscape design, public parks, pedestrian connections and public art are to be secured within the proposed Section 37 Agreement.

It would appear that services exist in the surrounding neighbourhood to accommodate additional residential development. As part of the ongoing review of the City Centre Secondary Plan, staff will provide a further review of levels of community service requirements in relation to further development in the area. In this regard Urban Development staff are of the opinion that the proposal is acceptable. City Staff are still in discussion with the applicant concerning City Council's direction regarding a contribution for affordable housing. Until such time as this is resolved, the application does not meet all of the City's objectives.

In the event of approval, the following conditions should apply:

Conditions to Approval:

(1) Prior to the Ontario Municipal Board's enactment of the Official Plan and Zoning amendments, the applicant shall sign a Section 37 Agreement and/or other appropriate agreements and include payment of the necessary fees associated with the preparation, execution and registration of same to the satisfaction of the Urban Development Services Department and the City Solicitor.

(2) Enactment by the Ontario Municipal Board of an amendment to the Official Plan to amend the existing Site Specific Policy No. 13.3.8, as it applies to the subject lands to permit a residential development consisting of a maximum of 1, 275 units, an overall gross floor space index of 3.0, 22 townhouse units and 6 apartment buildings ranging in height from 3, 8, 10, 20, 20, 24 and 30 storeys (83 m maximum).

(3) Enactment by the Ontario Municipal Board of a site specific amending by-law shall rezone the subject lands from Limited Commercial (CL) and Third Density Residential (R3) to Sixth Density Residential (R6) and Public Open Space (OS) and incorporate site-specific provisions related to building height, parking, building setbacks, build to and minimum frontage conditions established by way of a building envelopes, floor space index and landscaped open space. In addition, the by-law shall contain provision for a Section 37 Agreement securing facilities, services and matters.

(4) Further consideration of the proposal under Site Plan Control to include:

(i) signing of a Site Control Agreement which may include, among other matters, the securing of financial guarantees and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of the Urban Development Services Department and the City Solicitor;

(ii) submission of a landscape plan detailing planting, lighting, curbing, fencing, grading and street trees, and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of the Urban Development Services Department;

(iii) the submission of noise, vibration studies and the implementation of the conclusions and recommendations of approved studies to the satisfaction of the Urban Development Services Department, Toronto Transit Commission and Canadian Pacific Railway;

(iv) submission of plans and details to the satisfaction of Toronto Fire Services;

(v) submission of a stormwater management report, grading plan and construction management plan including the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of the Works and Emergency Services Department;

(vi) provision of on-site services, including storage of waste and recyclable materials to the satisfaction of the Works and Emergency Services Department;

(vii) payment of applicable development charges in effect at the time of the issuance of building permits; and

(viii) those matters set out in the Urban Design Guidelines secured as part of a Section 37 Agreement.

Contact:

Paul Zuliani, MCIP, RPP

Senior Planner , Community Planning, West District

Tel.: (416) 394-8243; Fax: (416) 394-6063

Email: pzuliani@toronto.ca

Paulo Stellato, MCIP, RPP

Planner, Community Planning, West District

Tel.: (416) 394-6004; Fax: (416) 394-6063

Email: pstellato@toronto.ca

Location Map

Site Plan (1)

Site Plan (2)

(Attachment No. 6)

Section 37 Agreement

The following requirements are to be incorporated into a Section 37 Agreement (or other appropriate agreements as determined by the City Solicitor) for the Outlook Development Lands in consultation with appropriate City Staff.

(1) Dundas Street Park:

- The applicant is to complete the 0.69 ha (1.7 ac) public park prior to occupancy of the first building in accordance with a design approved by the City.

- Financial guarantees are to be secured by the City prior to the issuance of any building permit for the first building.

- The applicant is to grade the park and provide a base level of park finish at their expense. The grading of the site is to be undertaken either solely on the applicant's lands which may include retaining walls at the east end of the park or alternatively the grading plan may include the property to the east.

- The applicant is to receive a parkland development charges credit as the project develops.

- The comments of Economic Development, Culture and Tourism are to be secured in the agreement.

(2) Bloor Street Park:

- The applicant is to complete the 0.08 ha (.02 ac) public park, at their sole expense, prior to occupancy of the first building in accordance with a design approved by the City.

- Financial guarantees are to be secured by the City prior to the issuance of any building permit for the first building.

- No development charges credit is available for completion of this park.

(3) East West Pedestrian Connection:

- The applicant is to complete the 5.5 metre wide public pedestrian connection, at their sole expense, prior to occupancy of the first building adjacent to the walkway in accordance with a design approved by the City.

- Financial guarantees are to be secured by the City prior to the issuance of any building permit for the first building adjacent to the walkway.

- No development charges credit is available for completion of this pedestrian connection.

- The comments of Works and Emergency Services are secured in the agreement.

- The applicant will be responsible for maintaining this public walkway until such time as a connection through to Mabelle Avenue is in place.

(4) Phase I Road:

- The applicant is to complete the north south road from Dundas Street to the Bloor Street Park, prior to occupancy of the first building in accordance with a design approved by the City.

- Financial guarantees are to be secured by the City prior to the issuance of any building permit for the first building.

- No development charges credit is available for completion of this road.

- The comments of Works and Emergency Services are to be secured in the agreement.

(5) Phase II Road:

- The applicant is to complete the north/south road connection from the Phase I road to Bloor Street West, at their sole expense, at the time of construction of the second building in accordance with a design approved by the City.

- No development charges credit is available for completion of this road.

- The comments of Works and Emergency Services are to be secured in the agreement.

(6) Affordable Housing:

- Under discussion and subject to a further report.

(7) Public Art

- The applicant incorporate public art as part of the overall project upon terms typically employed by the former City of Toronto.

- The public art may be incorporated into the public parks or pedestrian walkways.

(8) Design Guidelines:

- Design guidelines should be incorporated into the agreement to guide future development of this phased project.

- The design guidelines should include such matters as built form, massing, architectural design, wind remediation measures, streets and blocks pattern, streetscape design, public parks, pedestrian connections and public art.

(9) Pedestrian Connection:

The applicant is to complete prior to occupancy of the first building, the approved upgrades to the Bloor Street West sidewalk connection to the Islington Subway Station.

(10) Mitigation Requirements:

- The applicant shall incorporate appropriate mitigation measures to address the comments of Canadian Pacific and the Toronto Transit Commission.

- The applicant shall include warning clauses in all Purchase and Sale and/or Lease Agreements, respecting the concerns expressed by Canadian Pacific and the Toronto Transit Commission, if deemed necessary.

- The owner be required to satisfy the City with respect to the environmental condition of the site, including the streets and other lands to be conveyed to the City. The agreement shall secure: a Soil and Groundwater Management Plan (in accordance with the MOE Guidelines) to be approved prior to the issuance of a building permit or any conveyance to the City; an on-site Environmental Consultant and a certificate of remediation; verification sampling; a Record of Site Condition and written confirmation by the Minister that it will not audit the RSC or that the RSC has passed the audit; verification by an independent consultant, if requested; a historical review and site and building audit; removal of hazardous materials.

(11) Environmental Assessment

- The applicant shall, as a precondition to any work to be done on behalf of the City and as a precondition to the issuance of a building permit, satisfy the City that no environmental assessment will be required in respect of any of the work to be done on behalf of the City.

The Etobicoke Community Council also submits the following report (January 20, 2000) from the Director of Community Planning, West District:

Purpose:

To provide advice to Etobicoke Community Council respecting Section 37 contributions for the former Michael Power High School site at 5055 Dundas Street West.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) Council accept the applicant's proposed Section 37 contribution of $425,000.00, and that the Commissioner of Urban Development Services be authorized to allocate these funds for Affordable Housing and Public Art, and in determining such allocations have regard for Council's emerging policies; and

(2) appropriate provisions be incorporated in a Section 37 Agreement between the City and Applicant respecting Recommendation No. (1) above.

Background:

Etobicoke Community Council has before it the staff report dated January 11, 2000, respecting an application for amendments to the Official Plan and Zoning Code for the property located at 5055 Dundas Street West.

Recommendation No. (1) of that report is that the Acting Commissioner of Urban Development Services report directly to City Council, if necessary, respecting an affordable housing contribution and any other outstanding matters respecting the Section 37 agreement for this project.

This report is in response to Recommendation No. (1) of that report.

Comments:

As noted in the January 11, 2000 report, staff noted that discussions were taking place with the applicant respecting alternative ways of addressing contributions to affordable housing. At the time of that report this matter had not been resolved. The report recommended that the Acting Commissioner of Urban Development Services report directly to City Council on this and any other outstanding issues respecting the proposed Section 37 agreement.

As a result of these further discussions, the applicant has offered a total cash contribution of $425,000.00 to address Council's directions respecting Affordable Housing and Public Art. The applicant has advised that the allocation of these funds can be at the discretion of the City. Staff recommend that Council accept the applicant's proposed Section 37 contribution of $425,000.00, and that the Commissioner of Urban Development Services be authorized to allocate these funds. In considering such allocations, staff will have regard for Council's emerging policies respecting Affordable Housing and Public Art. Appropriate provisions will be incorporated in a Section 37 Agreement between the City and Applicant.

Contact:

Paul Zuliani, MCIP, RPP

Senior Planner , Community Planning, West District

Tel: (416) 394-8243; Fax: (416) 394-6063

Email: pzuliani@toronto.ca

Paulo Stellato, MCIP, RPP

Planner, Community Planning, West District

Tel: (416) 394-6004; Fax: (416) 394-6063

Email: apstellato@toronto.ca

_________

The Etobicoke Community Council had before it, during consideration of the foregoing reports, the following communications:

(i) (January 13, 2000) addressed to the Director of Community Planning, West District, from the Supervisor, Land Acquisitions and Development Applications, Economic Development, Culture and Tourism, providing comments with respect to parkland dedication, lands to be conveyed as parkland, and conditions to approval in connection therewith; for consideration in conjunction with the report dated January 11, 2000, from the Director of Community Planning, West District;

(ii) (January 19, 2000) from Mr. Alan Shiels, expressing concerns regarding the proposal.

Mr. Stephen H. Diamond, Solicitor, on behalf of Outlook Investment & Development Limited, appeared before the Etobicoke Community Council in connection with the foregoing matter.

(A copy of each of Attachments Nos. 4, 5, and 7 to 10, referred to in the foregoing reports, was forwarded to all Members of Council with the agenda for the Etobicoke Community Council meeting of January 20, 2000, and a copy of each is on file in the office of the City Clerk.)