Draft By-laws - Official Plan and Zoning By-law Amendments

Yonge - St. Clair Part II Plan (Midtown)

The Toronto Community Council recommends that:

(1) Schedule "A" of Draft By-law No. (1) attached to the report (November 29, 1999) of the City Solicitor be amended by deleting Section 7.6(a) and inserting a new Section 7.6(a) to read:

"7.6 (a) be no more than 12 metres in height;"

(2) the report (January 14, 2000) from the Acting Commissioner of Urban Development Services be amended by adding a new Recommendation No. (4) to read:

"(4) That the order of the Ontario Municipal Board on 7 Gange Avenue be received prior to the introduction of Bills in Council."

(3) the report (November 15, 1999) from the Acting Commissioner of Urban Development Services, as amended by his further reports dated December 29, 1999 and January 14, 2000 (as amended by Recommendation No. (2)) be adopted;

(4) Draft By-laws (1) and (2), attached to the report (November 29, 1999) of the City Solicitor, as amended by Recommendation Nos. (1), (2) and (3) above, be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto, substantially in the form of the by-laws attached to the report.

The Toronto Community Council reports, for the information of Council that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on December 2, 1999 and January 18, 2000, and the following addressed the Toronto Community Council:

On December, 2, 1999:

- Ms. Joanne Barnett, YWCA of Greater Toronto;

- Ms. Catherine Lyons, Goodman, Phillips & Vineberg, on behalf of A&D Mandel Investments Ltd. & Context Real Estate; and

On January 18, 2000:

- Mr. Matthias Schlaepfer, Summerhill Residents' Association.

The Toronto Community Council submits the following report (November 29, 1999) from the City Solicitor:

Purpose:

This report provides the necessary draft by-law amendments to amend Part I and Part II of the Official Plan for Yonge-St. Clair and the General Zoning By-law of the former City of Toronto.

Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications or impact for the City. It requires no funding.

Recommendations:

It is recommended that:

(1) the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the Planning Act;

Following the public meeting and in the event the Toronto Community Council wishes to approve Draft By-law (1), being the draft Official Plan amendment, and Draft By-law (2), being the draft Zoning By-law amendment, it could recommend:

(2) that Draft By-laws (1) and (2) attached to the report (November 29, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto, substantially in the form of the by-laws attached to the report; and

(3) that the Recommendations contained in the Report (November 15, 1999) of the Acting Commissioner of Urban Planning and Development Services be adopted.

Background:

The Toronto Community Council at its meeting of December 2, 1999, will have before it a Final Report of the Acting Commissioner of Planning & Development Services (November 15, 1999) recommending Official Plan and Zoning By-law amendments for Yonge-St. Clair. Draft By-laws (1) and (2) have been provided to implement such recommendations.

Comments:

This report contains the necessary Draft By-laws, which, if enacted, will give effect to the Planning Report.

Conclusions:

N/A

Contact:

Will Hawryliw

Telephone: (416)392-7237

Fax: (416)397-4420

E-Mail: whawryli@toronto.ca

_________

Attachment No. 1

DRAFT BY-LAW (1)

Authority: Toronto Community Council Report No. , Clause No. ,

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To adopt an amendment to Maps 1 and 1B and to Sections 18 and 19.7 of the

Official Plan for the former City of Toronto respecting Yonge-St. Clair.

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Map 1, Generalized Land Use, is amended by substituting the designations for the areas shown on Map 1 attached hereto for those shown on the original Map 1.

(add Maps in accordance with Appendix B of planning report

dated November 15, 1999)

2. Map 1B, Mixed Commercial-Residential Density, is amended by adding the Density Maximums and Mixing Formulaes, for Areas 21 and 31, shown on Map 1B attached hereto.

(add Maps in accordance with Appendices C and D of planning report

dated November 15, 1999)

3. Section 18 is amended by adding Sections 18.502 and 18.503 as follows:

"18.502 Lands known as 26 to 40A Glen Elm Avenue

Notwithstanding Section 12.5(b) of this Plan, Council may pass by-laws to permit residential buildings having a gross floor area up to 1.35 times the area of the lot for lands in the year 1976 known municipally as Nos. 26 to 40A Glen Elm Avenue, inclusive, provided that Council is satisfied that any such building is in general conformity with the prevailing scale of buildings on the street and services to reinforce the continuity of the streetscape.

18.503 Lands known as 26 to 40 Birch Avenue and 8 Alcorn Avenue

Notwithstanding Section 12.5(c) of this Plan, Council may pass by-laws to permit residential buildings up to a gross floor area of 1.5 times the area of the lot on lands known municipally in the year 1988 as Nos. 26 and 40 Birch Avenue and 8 Alcorn Avenue provided that in the opinion of Council surrounding areas will not be adversely affected by the development permitted by such by-laws, having regard for the development standards that will apply and the increase in population that will result, and provided the land to which such by-law is to apply is, in accordance with good planning practice, suitable for residential use and the required development standard provide satisfactory living conditions."

(Maps to be attached)

4. The text and maps annexed hereto as Schedule "A" are hereby adopted as an amendment to Section 19.7 of the Official Plan for Yonge-St. Clair.

5. This is Official Plan Amendment No.156.

ENACTED AND PASSED this day of , A.D. 1999.

Mayor City Clerk

_________

SCHEDULE "A"

1. Section 19.7 of the Official Plan respecting Yonge-St. Clair, is deleted and the following substituted:

"19.7 Yonge-St. Clair

1. INTERPRETATION

1.1 For the purpose of amending the Official Plan for the former City of Toronto Planning Area, the Yonge-St. Clair Planning District (hereafter called the District) is defined as the area set out on Maps A, B and C which form part of this Amendment.

1.2 This Amendment is deemed to be Part II of the Official Plan for the District.

1.3 The text and maps of Part I of the Official Plan (hereafter called the Official Plan) continue to apply to the District except in cases where the text and maps of this Amendment are in conflict therewith, in which case the text and maps of this Amendment shall prevail.

2. GENERAL

2.1 Description of the District

Council recognizes that the urban structure elements of the District consist of:

(a) a grid of public streets and lanes shown on Map A, some of which have landscaped edges between buildings and the street;

(b) a node of High Density Mixed Commercial-Residential Area development at the intersection of Yonge Street and St. Clair Avenue;

(c) High Density Residential Areas and Medium Density Mixed Commercial-Residential Areas extending from the node west along St. Clair to Avenue Road and east along St. Clair to David Balfour Park;

(d) High Density Residential Area development fronting on much of Avenue Road;

(e) lower density "Main Street type" development extending from the node north and south along Yonge Street;

(f) open areas shown on Map A which incorporate public parks and Open Spaces, cemeteries and school yards, including De La Salle College;

(g) high quality, Low Density Residential Areas in the balance of the District; and

(h) significant topographical features including ravines and the escarpment (the Lake Iroquois shoreline shown on Map A), which provide views to the City Centre.

2.2 Purpose of the Yonge-St. Clair Part II Plan

The purpose of the Yonge-St. Clair Part II Plan is to enhance the effectiveness of the Official Plan by providing additional policy direction for land use and development in the District. In particular, it is Council's policy to:

(a) protect, promote and enhance the existing type and quality of Residence Areas and maintain their stability;

(b) require that redevelopment in the Mixed Commercial-Residential Areas on Yonge Street and St. Clair Avenue is compatible with the maintenance of adjacent Residential Areas and improves Yonge Street and St. Clair Avenue as public spaces;

(c) retain, protect and enhance the special physical character and public spaces of the District; and

(d) ensure that new development meets high urban design standards which contribute to achieving public areas which are attractive, inviting, comfortable and safe.

3. URBAN DESIGN PRINCIPLES

3.1 Urban Structure

3.1.1 It is Council's policy that development and civic improvements shall be responsive to the urban structure elements of the District as described in Section 2.1.

3.1.2 It is Council's policy that the unique physical characteristics and civic roles of Special Streets, as defined below, shall be protected and enhanced through regulation, design guidelines and streetscape improvements, particularly when development and civic improvements are proposed. The following are Special Streets and are shown on Map A:

(a) Yonge Street - Toronto's first street and most important north-south route;

(b) Avenue Road - a broad arterial road with axial views to the Provincial Legislature and the Upper Canada College Clock Tower, large building setbacks and landscaped settings for buildings, especially north of St. Clair Avenue;

(c) Mount Pleasant Road - a major north-south road, with a distinct landscaped edge, which links Toronto's inner suburbs with Downtown;

(d) St. Clair Avenue - from Mount Pleasant Road to Avenue Road - a broad avenue with a distinct building and landscape character which connects the District to the western parts of the City.

3.1.3 It is Council's policy that the area around the Yonge-St. Clair intersection is a prominent site of significant civic importance and subject to Section 3.5 of the Official Plan. Council seeks to enhance this prominent site for pedestrians through the use of Zoning By-law requirements and design guidelines.

3.1.4 It is Council's policy that the gateways and views shown on Map A are subject to Sections 3.5, 3.6 and 3.7 of the Official Plan. These views are additional to the Rosedale reservoir view shown on Map 4 of the Official Plan. Council encourages landscapes and a built form which preserve and enhance these gateways and views. This policy is not to be interpreted as Council support for increases in permitted height limits.

3.1.5 Council encourages the improvement of the existing lane system in the District and seeks the introduction of new lanes, where appropriate, to serve new development.

3.2 Built Form and Public Amenity

Council encourages new development to be designed in accordance with Sections 3.11 to 3.23 and 3.26 to 3.28 inclusive of the Official Plan and the following principles:

(a) the lower levels of buildings associated with the pedestrian realm be designed to:

(i) promote the public nature of the adjacent streets, parks and pedestrian routes;

(ii) provide direct access from adjacent public sidewalks to any public uses;

(iii) provide, wherever possible, vehicular access for servicing and parking from lanes, rather than streets; where lanes do not exist, vehicular access should be from local streets;

(iv) provide an organized and safe relationship to abutting street frontages, including the control and management of pedestrian and traffic flows;

(v) provide, to a high design standard, on-site loading facilities and, wherever possible, on-site vehicle movements with vehicles entering and exiting the site in a forward motion;

(vi) minimize pedestrian/vehicle conflicts in the design and location of parking and servicing access for vehicles; and

(vii) provide pedestrian protection through arcades, canopies and awnings adjacent to ground floor uses and building entrances;

(b) buildings achieve a harmonious relationship to their built form context through building height, massing, setback, stepbacks, roof line and profile, architectural expression and vehicle access and loading. This applies to all Areas in the District, and in particular, to new development within or adjacent to Low Density Residence Areas.

(c) development provides high quality, coordinated streetscape and open space improvements to promote pedestrian amenity, orientation, access, greening and confidence in personal safety;

(d) development provides high quality landscaped spaces for the use of visitors, residents and workers of the District; and

(e) development integrates public art.

4. RESIDENTIAL AREAS

4.1 In general, Low Density Residence Areas are intended to be stable areas. When redevelopment is proposed in such Areas, It is Council's policy that, in addition to Section 12.5 of the Official Plan, the residential built form of redevelopment projects shall:

(a) maintain the essential elements of neighbourhood structure and character,

(b) be compatible with adjacent residential developments, and

(c) recognize the relevant urban structure elements specified in Section 2.1, such as views afforded from the escarpment.

4.2 In addition to Section 12.6 of the Official Plan, it is Council's policy that new development in High Density Residence Areas shall endeavour to provide below grade setbacks from the front lot line to facilitate the planting of large shade trees in such setback areas. Council shall exercise its powers of review to ensure that such trees are planted at regular intervals.

5. MIXED COMMERCIAL-RESIDENTIAL AREAS

5.1 It is Council's policy that all development in Mixed Commercial-Residential Areas in the District shall conform with streetscape/design guidelines endorsed by Council and meet the following objectives, particularly when Council is considering increasing permitted heights and/or densities:

(a) provide animated, landscaped and comfortable publicly accessible spaces on properties fronting on Yonge Street and St. Clair Avenue;

(b) create a visual impression of Yonge Street and St. Clair Avenue which is comfortable and spacious, not crowded and cramped, through the location and massing of buildings;

(c) integrate development well, especially in its physical relationship and impact, with adjacent residential neighbourhoods by ensuring appropriate transitions in building height and separation distances; and

(d) encourage and support healthy retail businesses, especially on Yonge Street.

5.2 It is Council's policy that development on all properties fronting or flanking onto Yonge Street shall be set back approximately 3 metres from the Yonge Street property line:

(a) on the east side of Yonge Street between Heath Street East and the south limit of the District, and

(b) on the west side of Yonge Street at the intersection of St. Clair Avenue

in order to accommodate wide sidewalks, landscaped and pedestrian space in front of buildings and to increase the spacious feeling of Yonge Street.

5.3 It is Council's policy that Yonge Street, between Heath Street and the south limit of the District, is a street subject to sunlight standards. In accordance with Section 3.27 of the Official Plan, the following are the minimum number of hours of sunlight (around solar noon) on one sidewalk during the period of March 21 to September 21 for this section of Yonge Street:

(a) within the areas zoned according to the High Density Mixed Commercial-Residential Area designation, 3 hours, and

(b) within the areas zoned according to the Low and Medium Density Mixed Commercial-Residential Areas designation, 5 hours.

Council may pass by-laws to regulate the height, siting and massing of new development to, among other objectives, ensure the achievement of these sunlight standards.

5.4 It is Council's policy that, on the flanking streets of properties with frontage on Yonge Street within the Low and Medium Density Mixed Commercial-Residential Areas, new development shall be stepped back from the flanking street so as to minimize visual impacts of the new development when viewed from adjacent Low Density Residence Areas. Council may pass by-laws to regulate the height, siting and massing of new development to, among other objectives, achieve this policy.

5.5 It is Council's policy for commercial development in Mixed Commercial-Residential Areas:

(a) to encourage the location of commercial buildings in close proximity to the intersection of Yonge Street and St. Clair Avenue and conveniently accessible to the St. Clair subway station; and

(b) to consider passing by-laws to exclude from the calculation of commercial or non-residential gross floor area:

(i) in areas above the Toronto Transit Commission's subway line, parking space located above grade in buildings and used in connection with those buildings in order to assist in the development of such areas; and

(ii) that portion of a building used for interior pedestrian walkways that provide connections between streets, parks, subway stations, public buildings and/or common outdoor space.

5.6 It is Council's policy for the High Density Mixed Commercial-Residential Area:

(a) that this area is the major office employment area of the District and may include residential and institutional uses;

(b) that, in passing by-laws for such areas, Council will consider the policies of this Plan and will encourage the following:

(i) the provision of below grade access to the subway station;

(ii) the provision of access to below grade pedestrian crossings, either existing or proposed;

(iii) the provision of exterior design features and at grade landscaping, such as benches, planters and bicycle racks which enhance the streetscape and do not impede pedestrian movement;

(iv) the provision on the Yonge Street and St. Clair Avenue frontages of at grade, or substantially at grade, retail, service and eating establishment uses which are visible to pedestrians, except on the St. Clair Avenue West frontage, approximately 80 metres west of Yonge Street on the south side and 100 metres west of Yonge Street on the north side, where retail uses are generally prohibited; and

(v) the objectives of Sections 5.1 and 5.3.

5.7 It is Council's policy for Low and Medium Density Mixed Commercial-Residential Areas:

(a) to recognize that, subject to Section 5.8, there may be a potential to develop or redevelop properties in excess of existing permitted height and/or density limits in the Zoning By-law in the following areas:

(i) east side of Yonge Street - between Summerhill Avenue and Heath Street East;

(ii) west side of Yonge Street - between Woodlawn Avenue West and Heath Street West;

(iii) south side of St. Clair Avenue West - between Avenue Road and Yonge Street; and

(iv) north side of St. Clair Avenue East and West between Deer Park Crescent and the north-east corner of Ferndale Avenue; and

(b) that, in passing Zoning By-law amendments in the areas specified in Section 5.7 (a), new development shall generally conform to the policies of this Plan and to the following criteria, where applicable:

(i) the provision, on side streets, of grade-related residential units and entrances;

(ii) minimize curb cuts by locating vehicular access for parking and loading either from laneways or within the building mass at one end of the site;

(iii) all street level pedestrian areas encourage an active, comfortable and safe public environment;

(iv) for properties fronting or flanking onto Yonge Street:

(a) on lots with long frontages on Yonge Street, avoid a continuous building wall above the building base by using step backs, recesses and lower scale elements where appropriate;

(b) on flanking streets, generally buildings should be set back:

(i) 3 metres from the property line approximately 30 metres from the Yonge Street property line; and

(ii) 6 metres from the property line for those parts of the building more than 30 metres from the Yonge Street property line;

(c) provide massing transition on buildings adjacent to house-form buildings, stepping the mass from the height limit to the adjacent building;

(d) the objectives of Sections 5.3 and 5.4;

(e) on properties with long frontages on Yonge Street between Balmoral Avenue/Rosehill Avenue and the C.P.R. tracks, the building mass should be designed to reflect the change in topography;

(f) the architectural quality and detail of exposed rear facades and walls should have the same quality as facades and walls facing Yonge Street; and

(g) entrances on Yonge Street must occur at the level of the public sidewalk to promote easy pedestrian access.

5.8 It is Council's policy for the following areas fronting on Yonge Street:

(a) west side, south of Woodlawn Avenue West - that there are no opportunities to increase heights from current limits;

(b) east side, south of Rosehill to Summerhill - that:

(i) Council may pass Zoning By-law amendments to permit building heights up to 21 metres provided that the building complies with the policies for Low and Medium Density Mixed Commercial-Residential Areas in the District;

(ii) taller building elements should be set back even further that specified in Section 5.7 (b) (iv) (a) on lots which are not adjacent to low rise house form buildings;

(c) east and west sides, south of St. Clair to Pleasant Boulevard and Balmoral Avenue - that Council may pass Zoning By-law amendments to permit building heights up to 30 metres provided that the building complies with the policies for the appropriate Mixed Commercial-Residential Area in the District and the design principles of this Plan.

These policies in no way reduce the applicability of Section 37 of the Planning Act.

6 NATURAL AREAS

6.1 In that portion of the Natural Area in the District designated on Map 1 of the Official Plan which is the escarpment (Lake Iroquois Shoreline) and which is not publicly owned open space, the following are permitted subject to Sections 2.29, 2.30 and 2.32 of the Official Plan and policies of this Plan:

(a) on properties fronting or flanking on Yonge Street, any development permitted in a Low Density Mixed Commercial-Residential Area, and

(b) on all other properties, any development permitted in a Low Density Residence Area.

For properties or portions of properties designated Natural Area on the north side of Woodlawn Avenue, it is Council's policy that there is no opportunity to increase the height or density of development above that currently permitted in the Zoning By-law.

7 SPECIAL POLICY AREAS

7.1 To protect adjacent Low Density Residence Areas, Areas A and B, as shown on Map B of this Plan, shall be regarded as areas of transition between Low Density Residence Areas and High Density Mixed Commercial Residential Areas in terms of land use, building scale and the movement of pedestrians and vehicles.

7.2 Council recognizes that Areas A and B are areas of potential redevelopment. It is Council's policy for Areas A and B:

(a) that any development or redevelopment must complement the existing built form context of the neighbourhood and that new buildings be physically compatible with surrounding areas;

(b) that municipally operated short term public parking and parking for residents of any residential buildings be provided;

(c) to seek the provision of alternative short-term parking during any construction when public parking is unavailable. Such means include:

(i) the provision of temporary parking lots for short-term purposes to be operated by a municipal parking authority or by private interests; and

(ii) the passing of by-laws to permit temporary short-term commercial parking.

7.3 In addition to the policies contained in Section 3 of the Official Plan and Sections 4 and 5 of this Plan as they apply to Areas A and B, the Urban Design Principles contained in Table 1, which forms part of this Plan for the District, apply to Areas A and B when denoted by an "X", including any qualifications contained therein.

7.4 In recognition of existing uses, Area C shown on Map B of this Plan shall be regarded as a transition area where office uses will be encouraged and where residential uses and, to a limited extent, the exhibition and selling of arts and crafts and limited service retail uses will be permitted provided that such uses do not, by reason of odour, noise, or other nuisance factors, adversely affect neighbouring uses.

7.5 In recognition of existing uses, Area D shown on Map B of this Plan is an area where the basement and first floor of existing house-form buildings may be converted to office uses provided that:

(a) the residential appearance of the building and the area is maintained;

(b) there is one dwelling unit in each house form building;

(c) parking is limited to not more than two parking spaces on each lot and, for the properties from 29 to 45 Alvin Avenue, is limited to appropriately landscaped front yards; and

(d) adequate landscaped open space is provided on the properties to buffer residential uses to the east and north of Area D.

7.6 In recognition of existing uses and the proximity to David Balfour Park, Area E shown on Map B, which consists of properties known municipally in 1999 as 35 and 49 Jackes Avenue, any redevelopment must:

(a) be no more than four stories in height;

(b) preserve the historically and architecturally significant Laidlaw House, including views of the House from Jackes Avenue; and

(c) be designed so as to:

(i) not detract from sunlight availability on the park in accordance with the Official Plan and Urban Design Guidelines endorsed by Council;

(ii) respect and, to the extent possible, preserve sky views and an appropriate separation from residences in the building known municipally in 1999 as 33 Jackes Avenue; and

(iii) be compatible with the walkway immediately east of 49 Jackes Avenue.

8. TRANSPORTATION, PARKING AND PEDESTRIAN CIRCULATION

8.1 Council shall implement permanent through traffic control measures intended to reduce the amount and speed of vehicular through traffic on local streets in residential areas shown as "Through Traffic Control Area" on Map C of this Plan. Such measures may include, but are not restricted to, the installation of speed bumps, reduction in speed limits, turning prohibitions and street closings to all but emergency vehicles.

8.2 It is Council's policy not to support the widening of those arterial roads shown on Map C. Council may, however, consider throat widening of arterial roads at specific intersections to provide improvements deemed appropriate by Council, provided such improvements are related to the implementation of through traffic control measures in accordance with Section 8.1 of this Plan.

8.3 Council will cooperate in the development of measures to improve the efficiency of public transit service through and within the District.

8.4 It is Council's objective to reduce the amount of vehicular traffic and to encourage the use of public transit in areas convenient to public rapid transit. In keeping with this objective, it is Council's policy to introduce amendments to the Zoning By-law, where appropriate, to reduce parking requirements for commercial and residential uses in such areas.

8.5 In terms of parking in the District, Council:

(a) has as an objective, that an adequate amount of short-term parking be made available for shoppers and visitors to the Mixed Commercial-Residential Areas. Accordingly, Council shall:

(i) maintain, except during temporary periods when construction affecting parking lots is in progress, at least the number of municipally operated public parking spaces existing in the District at the time of the passage of this Plan. Council may permit a reduction in the number of municipally operated public parking spaces only after the Parking Authority has conducted a study justifying a reduction in the number of municipally operated parking spaces and a public meeting advising interested citizens of this reduction has been held;

(ii) undertake measures to limit all-day employee parking in the Areas and adjacent areas, particularly on municipally owned parking lots. Accordingly, Council shall recommend to the Parking Authority appropriate measures which may include changes in pricing and operating policies on municipally owned parking lots. Council may also impose increased on-street parking restrictions; and

(iii) encourage owners of private parking lots and employers in the District to implement measures which will reduce, to the extent possible, long-term parking for employees and thereby increase short-term parking for visitors.

(b) may pass site specific by-laws to permit short-term commercial parking in parking facilities which are located in the High Density Residence Area on the south side of DeLisle Avenue and which are also associated with the commercial buildings fronting onto the north side of St. Clair Avenue West provided that:

(i) such parking facilities existed legally prior to May 31, 1978; and

(ii) regard is had for conditions of residential amenity with respect to signage and points of entry and exit; and

(iii) regard is had to the effect that the enactment of previous by-laws have had on the neighbourhood; and

(iv) in the event of the demolition of any such commercial building (other than by fire, explosion, tempest or other Act of God), the permission granted by any such by-law shall terminate.

(c) when it has determined that there is an inadequate number of parking spaces available for shoppers and visitors in High and Medium Density Mixed Commercial-Residential Areas, Council will seek to increase the number of municipally owned public parking spaces. The construction of any additional municipally owned public parking garage in the District will not result in a facility which contains more than a total of 400 public parking spaces unless a study, satisfactory to the Commissioner of Urban Planning and Development Services, justifies additional parking spaces.

8.6 It is Council's policy to undertake measures, including, but not restricted to, the prohibition of parking and the limitation in duration of parking periods in order to discourage on-street parking in Residence Areas which is associated with non-residential uses and all day parking in Mixed Commercial-Residential Areas.

8.7 It is Council's policy to develop a bicycle path system linking the District with portions of the City to the south by utilizing the ravine system, existing road allowances and other lands as may be deemed appropriate by Council.

7.8 Council will provide and seek the provision of pedestrian pathways in those locations shown generally on Map A as Mid-Block Connections and Future Park Connection.

Table 1 Urban Design Principles for Special Policy Areas A and B

Table 1 Urban Design Principles for Special Policy Areas A and B (ctd)

Attachment No. 2

DRAFT BY-LAW (2)

Authority: Toronto Community Council Report No. , Clause No. ,

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend the General Zoning By-law No. 438-86, as amended,

respecting certain lands in the Yonge-St. Clair Area

WHEREAS the Council of the City of Toronto has adopted a new Part II Plan for the Yonge-St. Clair Planning District:

AND WHEREAS implementation of the said Part II Plan for the Yonge-St. Clair Planning District requires amendment of By-law No. 438-86, being "A By-law To Regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, for certain lands in the Yonge-St. Clair Area;

THEREFORE the Council of the City of Toronto enacts as follows:

1. Section 12(1) of By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended as follows:

(1) by deleting from exception 127, the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer and an Ontario land surveyor"; and

(2) by deleting from exception 260, the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer, an Ontario Land Surveyor and an optician solely engaged in the practice of filling contact lenses,".

2. Section 12(2) of the aforesaid By-law No. 438-86, as amended, is further amended as follows:

(1) by amending exception 260 by:

(i) amending the chart by:

A. inserting as a separate listing, the number "10" at the end of column A and by setting out opposite this number, the number "13" under column B and the number "44" under Column C; and

B. inserting as a separate listing, the number "11" at the end of column A and by setting out opposite this number, the number "30" under column B and the number "60" under column C;

(iii) by renumbering maps "Map 1 of 4", Map 2 of 4", "Map 3 of 4" and "Map 4 of 4" as "Map 1", "Map 2", "Map 3" and "Map 4", respectively; and

(iv) by adding Map 5 attached to and forming part of this by-law; and

(add Map 5 from planning report dated November 15, 1999)

(5) adding the following exception:

"324. No person shall erect or use a building or structure on a lot having frontage on the east side of Yonge Street from the south side of Heath Street East to a point approximately 31.3 metres north of Shaftesbury Avenue having any part of the building or structure closer to the front lot line than 3 metres except where:

(i) the building structure was erected prior to the adoption of City of Toronto By-law 17280;

(ii) the building or structure was granted an exemption from City of Toronto By-law 17280 or Metropolitan Toronto By-laws 155-70 or 245-77;

(iii) lands have previously been dedicated to the City of Toronto under the said By-laws 17280, 155-70 or 245-77, in which case the lands so dedicated shall be used in calculating a reduction to the 3 metre setback; or

(iv) the building existing in the year 1999, on lands municipally known in 1999 as 1331 Yonge Street, is renovated or added to, provided that any addition does not exceed the highest point of the existing building and any addition to the front of the building is located no closer to Yonge Street than the closest existing portion of such building to Yonge Street."

ENACTED AND PASSED this day of , A.D. 1999.

Mayor City Clerk

_________

The Toronto Community Council also submits the following report (November 15, 1999) from the Acting Commissioner of Urban Development Services:

Purpose:

To recommend approval of a Yonge-St. Clair Part II Plan, to guide future development in the District, with related amendments to the former City of Toronto Part I Plan, Generalized Land Use Map and Mixed Commercial-Residential Density Maps and to the Zoning By-law.

Financial Implications and Impact Statement:

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

It is recommended that:

(1) The City Solicitor be requested to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto) for the Yonge-St. Clair Planning District (hereafter referred to as "the District"), substantially as set out below:

(a) Amend Map 1, the Generalized Land Use, of the Official Plan for the former City of Toronto ("the Part I Plan") only for the District, deleting existing designations and substituting the designations shown on Map 1, attached as Appendix B to this report.

(b) Amend Map 1B, the Mixed Commercial-Residential Density, Density Maximums and Mixing Formula, of the Part I Plan for the District, adding areas 21 and 31 shown on Map 1B, attached as Appendices C and D to this report.

(c) Amend Section 19.7 of the Official Plan for the former City of Toronto by deleting the existing Yonge-St. Clair Part II Plan and adopting in its place, Appendix A to this report, the Yonge-St. Clair Part II Plan.

(2) The City Solicitor be requested to submit a draft by-law to amend the former City of Toronto's Zoning By-law (438-86 as amended) being "A By-law To Regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", substantially as follows:

1. (1) No person shall erect or use a building or structure on a lot having frontage on the east side of Yonge Street from the south side of Heath Street West to a point 31.3 metres south of Shaftesbury Avenue having any part of the building or structure closer to the front lot line than 3 metres except:

(i) where the building or structure was erected prior to the adoption of City of Toronto By-law 17280 in 1949;

(ii) where the building or structure was exempted from City of Toronto By-law 17280 or Metropolitan By-laws 155-70 or 245-77;

(iii) where lands were previously dedicated to the City of Toronto under the said By-laws 17280, 155-70 or 245-77, in which case the lands so dedicated shall be used in reducing the 3 metre setback; or

(iv) for an addition/renovation to the existing building, which does not increase the height of the building, on lands known municipally in 1999 as 1331 Yonge Street.

(2) (i) Section 12 (1), exception 127, of By-law No. 438-86 is amended by deleting the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer and an Ontario land surveyor"; and

(ii) Section 12 (1), exception 201, of By-law No. 438-86 is amended by deleting the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer, an Ontario Land Surveyor and an optician solely engaged in the practice of filling contact lenses".

(3) Section 12(2), exception 260, of By-law No. 438-86, is amended by:

(i) adding to the CHART, under COLUMN A, COLUMN B and COLUMN C, the following numbers:

COLUMN A COLUMN B COLUMN C

MAP SYMBOL BASE HEIGHT AT LOT LINE ANGLE

(at the end of AND POINT AT WHICH ANGULAR (degrees)

this exception) PLANE IS MEASURED (in metres)

10 13 44

11 30 60

(ii) by adding a new MAP 5, attached as Appendix E of this report.

2. For the purposes of this By-law each word or expression, which is italicized herein, shall have the same meaning as each such word or expression as defined in By-law No. 438-86, as amended.

Background:

1. Reasons for the Review of the Part II Plan

In my report dated April 13, 1999, I detailed the reasons for the review of the Part II Plan for the Yonge-St. Clair District. In summary, the review addressed:

- the relationship of the Part II Plan to the Official Plan for the former City of Toronto (the Part I Plan);

- design guidelines for new development along Yonge Street; and

- the appropriateness of selected Part II Plan policies in light of current conditions.

In part, the review was undertaken because of the difference in age between the existing Part II Plan for the District (1976) and the Part I Plan for the former City of Toronto (1994), the level of detail in the Part I Plan, the need for better guidance for the design of new development in the District, particularly along Yonge Street, and the relevance of selected policies, such as the limit on office development in the District.

2. Authorization

Council of the former City of Toronto, on February 3, 1995, adopted recommendations of the Land Use Committee, contained in Report No. 2, Clause No. 2, which approved the Terms of Reference for the Yonge-St. Clair Part II Plan review.

Comments:

3. Proposed Yonge-St. Clair Part II Plan

3.1 Overview of the Part II Plan

The proposed Part II Plan for the District, attached as Appendix A to this report, would, for ease of amendment, replace the existing Part II Plan in its entirety. Despite this complete replacement, the proposed Part II Plan retains many of the policy directions of the existing Plan, either as part of the proposed Plan, or through relocation of policies or designations to the Part I Plan. In my April 13, 1999 report, I described the existing Part II Plan policies to be retained or relocated. In summary, policies to be relocated to the Part I Plan include:

- the land use schedule

- two site specific policies, and

- density limits in Mixed Commercial/Residential Areas.

In that same report, I also described existing Part II Plan policies duplicated in the Part I Plan. Such duplicate policies, which include non-conforming uses, community resources and parks, ravines and open spaces, are to be eliminated and removed from the Part II Plan.

The proposed Part II Plan includes new policies which:

- recognize development which has occurred since the adoption of the 1976 Part II Plan;

- provide design guidance, setbacks and sunlight requirements for redevelopment areas, particularly along Yonge Street and in two areas south of Heath Street - east and west of Yonge Street;

- provide more detailed Natural Area and Environmentally Sensitive Area policies;

- recognize the escarpment/Lake Iroquois shoreline in the District; and

- strengthen residential area policies.

3.2 Changes to the Part II Plan Land Use Schedule

The changes to the Generalized Land Use Map reflected in Appendix B of this report - Map 1 and described in detail in my April 13, 1999 report, do not result in any zoning change, and include:

- for Residence Areas:

- the south side of Jackes Avenue from "Low Density Residence Area" to "Medium Density Residence Area";

- the east side of Avenue Road, north and south of the escarpment from "High Density Residence Area" to "Low Density Residence Area"; and

- lands on the north and south sides of Balmoral Avenue, west of Yonge Street, from "Local Commerce Area" to "Medium Density Residence Area" to recognize recent developments.

- for Open Space Areas:

- the Vale of Avoca and the Belt Line ravines and the escarpment area north of the CPR tracks between the two ravines from "Open Space" to "Natural Area" and "Environmentally Sensitive Area"; and

- add the "Open Space" area north-east of the intersection of Mount Pleasant Road and St. Clair Avenue East (Loring & Wyle Park).

- for Mixed Commercial-Residential (MCR) Areas:

- north side of St. Clair Avenue East, between Alvin and Ferndale Avenues, "High Density Residence Area" to "Medium Density Mixed Commercial-Residential Area".

- for the following "Natural Area":

- add the escarpment "Natural Area" (Lake Iroquois shoreline) between Avenue Road and the Vale of Avoca ravine, together with a policy permitting only developments consistent with both the "Natural Area" policies of the Part I Plan and "Low Density Residence Areas" of the Part II Plan or, in the case of properties fronting on Yonge Street, "Low Density Mixed Commercial-Residential Areas" (Policy 6.1).

3.3 New or Expanded Part II Plan Policies

The following policy additions or expansions, which are described in more detail in my April 13, 1999 report, require Zoning By-law Amendments only as noted below:

- a description and map of the District's urban structure (Policy 2.1 and Map A),

- an expanded Part II Plan purpose (Policy 2.2),

- urban design principles which build upon the Part I Plan (Policies 3.1 and 3.2),

- two new Residence Area policies supplementing the Part I Plan (Policies 4.1 and 4.2),

- in "Mixed Commercial-Residential ((MCR) Areas":

- design policies for redevelopment (Policy 5.1);

- a 3 metre setback for new buildings on the east side of Yonge Street and at the intersection of Yonge and St. Clair Avenue (Policy 5.2 - with a corresponding Zoning By-law Amendment);

- along Yonge Street where new development may exceed existing density and height limits:

- establish sunlight standards, requiring the stepback of upper levels of buildings; and

- on flanking streets of Yonge street properties, require the stepback of upper levels of new buildings;

with related Zoning By-law Amendments (Policies 5.3 and 5.4);

- exempt portions of buildings used for interior pedestrian walkways from the calculation of non-residential gross floor area (Policy 5.5 (b)); and

- along parts of the Yonge Street frontage, new development beyond existing height and density limits may be permitted, subject to design guidelines and specific heights limits (Policies 5.7 and 5.8).

- add the following Special Policy (SP) Areas with no change in zoning:

- on the west side of Yonge Street, between Heath Street West and DeLisle Avenue (SP Area 1) and on the east side of Yonge Street, south of Heath Street East and west of Alvin Avenue (SP Area 2) where redevelopment is

subject to site specific criteria (Policies 7.1 to 7.3 and Table 1);

- on the east side of Alvin Avenue, between St. Clair Avenue East and Heath Street East where conversion of house form buildings to office uses is permitted subject to criteria (Policy 7.5); and

- on the south side of Jackes Avenue, adjacent to David Balfour Park, were redevelopment may be permitted subject to additional design criteria.

3.4 Existing Part II Plan Policies to be Deleted

This District Plan does not include the 1976 Policy 4.3.1 (b) that limited office growth to 1.4 million square feet after March 31, 1976. This office cap was deleted because the existing zoning permissions exceed the cap and the relationship between office and traffic growth, which was the basis for this 1976 policy, is no longer defensible. Office development will continue to be limited by land use designations, density limits and development opportunities.

Policies in the 1976 Plan, which duplicate policies in the Part I Plan, have been eliminated. This includes most of the remaining Residence Area policies (former Policies 3.5 and 3.7 and most of 3.6); Local Commerce Area Policies 4.4.1 and 4.4.2; Parks, Ravines and Open Space Policies 6.1 to 6.6; preservation of community resources Policy 7.1 and non-conforming use Policies 10.1 to 10.3. When duplicate policies are eliminated, the Part I Plan policies will prevail.

Policies 9.1 and 9.2 in the 1976 Plan have been eliminated as they apply to the Yonge-Summerhill Part II Plan District, which was created subsequent to the adoption of the 1976 Plan.

4. Public Consultation

The Land Use Committee of the former City of Toronto, at its meeting of June 13, 1996, approved a public consultation program involving a Working Group of residents and business representatives. This Group met ten times between August 1996 and March 1999.

Toronto Community Council, at its meeting on April 28, 1999, authorized two Open Houses in the District, which I held on May 18 and May 20, 1999. I advertised notice of the Open Houses in the Toronto Star and mailed notice to Working Group members and representatives of ratepayer associations. At these Open Houses, staff was available to provide information, answer questions and receive comments on the proposed Plan. For two weeks following the Open Houses, I received input and made appropriate changes to the proposed Part II Plan in consultation with the Ward Councillors.

Section 5 below, identifies issues raised at the Open Houses and in subsequent communications. This section also contains my recommendations for addressing each of the issues. I am now recommending approval of a Part II Plan for the District, with corresponding amendments to Maps in the Part I Plan and to the Zoning By-law.

Section 17 of the Planning Act requires that, prior to the adoption of an Official Plan amendment, Council must hold a public meeting at which any person or public body may make written submissions to the Council before the plan is adopted. I have advertised this public meeting in accordance with the Planning Act and mailed notices to members of the Working Group and representatives of ratepayer associations.

5. Issues Arising from the Open Houses

5.1 South side of Jackes Avenue

This area, except for the "Low Density Mixed Commercial-Residential Area" adjacent to Yonge Street, is designated "Low Density Residence Area" in the 1976 Part II Plan. This designation does not reflect previous, nor potential, redevelopment in the area. Initially, I proposed that the area from the south side of Jackes Avenue to the top edge of the escarpment be designated "High Density Residence Area" (HDR). Any redevelopment south of the escarpment edge, on the north side of Woodlawn Avenue, would be governed by the proposed "Natural Area" designation, which limits redevelopment to existing Zoning By-law height and density limits.

Numerous representations were made by the community to change the proposed HDR designation to "Medium" or "Low Density Residence Area". A site specific development proposal consistent with the HDR designation was made for 9 Jackes Avenue, which was the subject of an Ontario Municipal Board (OMB) hearing. The OMB, in an interim decision issued September 3, 1999, agreed that redevelopment to a higher density than permitted by the "Low Density Residence Area" designation was appropriate, but did not agree with the applicant's proposal. The OMB suggested that a density of 1.5 times the area of the lot would be appropriate. This density is consistent with a "Medium Density Residence Area" designation.

I have reconsidered the designation for this area and now recommend that, except for the area adjacent to Yonge Street, the area on the south side of Jackes Avenue be designated "Medium Density Residence Area" based on:

- the interim decision of the OMB respecting 9 Jackes;

- representations from area residents for a lower density designation in this area;

- a transition between the HDR area designation on the north side of Jackes Avenue and the low density limits south of the escarpment edge; and

- no change in the underlying zoning of R2 Z1.0 and height limit of 11 metres.

5.2 35 Woodlawn Avenue West and the Natural Area Designation

The prospective owners of 35 Woodlawn Avenue West, an oddly shaped property with limited access onto Woodlawn, have requested that this site be removed from the "Natural Area" designation as it may not be within the escarpment and it may inhibit their intention to sever the existing house into two units and construct additions. Based on information available to me, the current Part I Plan "Natural Area" designation, and the continuity of the escarpment feature, I recommend retention of the Natural Area designation on this site. This designation permits low density residence development, subject to an environmental impact study.

5.3 Height Limits for the Lands on the East Side of Yonge Street Between Rosehill and Summerhill Avenue

In Policy 5.8 of the Part II Plan, Council may consider passing Zoning By-law Amendments permitting an increase in the maximum building height from 16 metres (approximately 5 storeys) to 21 metres (approximately 7 storeys) subject to design requirements. No related Zoning By-law Amendments are proposed at this time; rather the intention is to consider site specific rezonings. The Ports condominium, at 1177 Yonge Street, is an example of such a development generally permitted by this policy. Other developments in the area have occurred which exceed the 16 metre height limit. The Summerhill Residents' Association has requested that the maximum height limit be reduced to 15 metres. I recommend retention of the proposed new policy permitting maximum heights of 21 metres for these lands for the following reasons:

- such developments would be adequately buffered from the Low Density Residence Area to the east by the open lands above the subway cut which is at least 39 metres in width;

- the design requirements would preserve sunlight on Yonge Street;

- the proposed policy provides clear guidance to developers, review agencies and others as to the standards which must be met if a proposed development is in excess of the 16 metre height limit; and

- this area is well served by rapid transit and accessible to several subway stations.

No basis for reducing the height limit to 15 metres has been provided.

5.4 The Special Policy Area West of Yonge Street and South of Walker Avenue

In the new Part II Plan, the area south of Walker Avenue and west of properties fronting on Yonge Street is designated "Low Density Mixed Commercial-Residential Area" and "Special Policy Area C". The Special Policy Area designation recognizes the mix of existing uses and the transition between commercial uses on Yonge Street and the "Low Density Residence Area" to the west. This Plan and the 1976 Plan recognize this as an area where "office uses will be encouraged and where residential uses and, to a limited extent, the exhibition and selling of arts and crafts and limited service retail uses will be permitted" (Policy 7.4).

The Cottingham Square Community Association has requested that this designation reflect recent land use changes and, in particular, exclude the residential properties on the south side of Birch Avenue, east of Gange Avenue. I agree with the latter recommendation and have amended of the boundaries of Special Policy Area C accordingly.

With respect to the former recommendation, I have re-examined land uses and recent trends in the area. Construction of new buildings has been limited to residential uses. However, some properties, such as 10 Alcorn Avenue, have recently been renovated for office uses. Further, the existing mix of non-residential uses in the area appears to co-exist satisfactorily with the residential uses. Therefore, I am recommending retention of Policy 7.4 as an appropriate guide for redevelopment in the area.

5.5 Transition in Built Form Between Mixed Commercial-Residential Areas and Adjacent Residential Areas

Policy 5.1 (c) requires that redevelopment in Mixed Commercial-Residential Areas must integrate "well, especially in its physical relationship and impact, with adjacent residential neighbourhoods by ensuring adequate reductions in building height and separation distances". This policy ensures that redevelopment adjacent to low density residence areas is compatible, in height and massing. Wittington Properties has expressed concern that redevelopment in "High Density Mixed Commercial-Residential Areas" adjacent to "High Density Residence Areas" may not have to be reduced in height, as both are high density areas. I agree and have revised the wording of Policy 5.1(c), replacing "adequate reductions" with "appropriate transitions".

5.6 Exempt Gross Floor Area Calculations of Above Grade Parking in Residential Developments Constructed on Lands Above the Subway

Policy 5.5 (b) (i) allows Council to pass Zoning By-law Amendments for commercial development in Mixed Commercial-Residential Areas excluding "from the calculation of commercial or non-residential gross floor area in areas above the … subway line, parking space located above grade in buildings and used in connection with those buildings". This same policy existed in the 1976 Plan. This policy was intended to promote commercial development in the Yonge-St. Clair Centre by ensuring that commercial development on lands above the subway was not disadvantaged because parking spaces could not be placed below grade.

Wittington Properties has requested that this policy also apply to residential redevelopment. I understand that lands being considered for residential redevelopment over the subway are part of larger parcels where below grade parking could be provided. Therefore, I recommend no change to Policy 5.5 (b) (i).

5.7 Provision of Replacement Parking During Construction

Policy 7.2 (c) (i) requires that, for Special Policy Areas A and B (Heath Street, east and west of Yonge Street), Council "seek the provision of alternative short-term parking during any construction when public parking is unavailable. Such means include:

(i) the provision of temporary parking lots for short-term purposes to be operated by a municipal parking authority or by private interests; and

(ii) the passing of by-laws to permit temporary short-term commercial parking."

The Toronto Parking Authority (TPA) has requested that the policy be modified, changing "seek" to "use best efforts" as development of TPA lands "will be seriously inhibited if required to find alternative parking during construction phases." The existing policy provides adequate latitude to the TPA and should not inhibit the redevelopment of its lands. I recommend that this long-standing policy be retained unchanged.

5.8 Maintenance of Municipally Operated Parking Spaces

Policy 8.5 (a) (i) requires maintenance "except during temporary periods when construction affecting parking lots is in progress, of at least the number of municipally owned public parking spaces existing in the District at the time of the passage of this Plan". This is the same policy as in the 1976 Plan. The TPA has advised that some of their parking spaces are leased, rather than owned. In addition, the TPA has expressed concern that this policy constrains its operations should fewer parking spaces in the future be required. I have recommended modification of Policy 8.5 (a) (i), changing "municipally owned" to "municipally operated" parking spaces and adding a sentence allowing reductions in the number of municipally operated parking spaces only after a study has been done and a public meeting has been held.

5.9 Mid-block Pedestrian Connections and Mid-block Green Space

The TPA has noted an error in the Map reference in Policy 8.8 regarding pedestrian pathways, which I have corrected. The TPA also expressed concern about the mid-block green space in Special Policy Area 'A' (Delisle Court) as set out in Table 1 of the Plan. The City and the applicant for the Delisle Court development have reached agreement in conformity with this design principle. Therefore, I recommend retention of the design principle requiring a private mid-block green space, which is an extension of the adjacent rear yards.

5.10 Medium Density Residence Areas on Balmoral Avenue, West of Yonge Street

This Part II Plan proposes that properties located on either side of Balmoral Avenue, west of Yonge Street, be designated "Medium Density Residence Area", recognizing development which has occurred. This area was designated "Local Commerce Area" in the 1976 Plan. No change in zoning, which allows a development density of 1.5 times the area of the lot, is proposed.

The Summerhill Residents Association has requested that, since this townhouse development is governed by a decision of the OMB for 1 Balmoral Avenue, this area should be designated "Low Density Residence Area". I have reviewed the development in this area and found that, with the exception of the Fire Hall, it is residential and has a density in the range of 1.5 times the lot area, which is consistent with a medium density designation. I recommend retention of the "Medium Density Residence Area" designation for these lands.

Conclusions:

The Yonge-St. Clair Part II Plan and corresponding amendments to the Part I Plan and the Zoning By-law result from an extensive public consultation program over a considerable period of time. The recommended Plan provides an additional measure of protection for stable residential areas while permitting appropriate redevelopment elsewhere in the District. The policies provide better guidance as to built form and public interests than the 1976 Plan.

I consider it appropriate that the Yonge-St. Clair Part II Plan and related amendments to the Part I Plan and Zoning By-law of the former City of Toronto be recommended for adoption to City Council.

Contact:

Wayne Morgan

Senior Planner

Telephone : 392-1316

E-mail : wmorgan@toronto.ca

_________

The Toronto Community Council also submits the following report (December 29, 1999) from the Acting Commissioner of Urban Development Services:

Purpose:

To report on issues arising from the statutory public meeting held at Toronto Community Council on December 2, 1999 and a technical amendment regarding the Yonge-St. Clair Part II Plan and related amendments to the former City of Toronto Part I Plan, Generalized Land Use Map and Mixed Commercial-Residential Density Maps and to the Zoning By-law.

Financial Implications and Impact Statement:

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

Recommendations:

1. That the recommendations contained in the Final Report on the Yonge-St. Clair Part II Plan Study Review, dated November 15, 1999, from the Acting Commissioner of Urban Planning and Development Services, considered by Toronto Community Council at its meeting on December 2, 1999, be amended as follows:

(1) recommendation (1) (c), the Yonge-St. Clair Part II Plan, contained in Appendix A of the Final Report, being amended to read:

(a) Section 6.1, which is the policy for the Natural Area, is amended as set out in section 3.1 of this Supplementary Report;

(b) Section 5.8 (a), which is a design policy for the area on the west side of Yonge Street, south of Woodlawn Avenue West, is amended as set out in section 3.2 of this Report;

(c) Map A, Urban Structure is amended to show three view arrows as set out in Section 3.7 of this Report;

(2) recommendation (2) 1 is amended by deleting the following phase from (1) (iv): "which does not increase the height of the building"; and adding the following:

(4) Section 12(2), exception 263, of By-law No. 438-86, is amended by:

(i) amending clause (ii) by inserting the words "on the west side of " before "Yonge Street" and deleting "or St. Clair Avenue" so that the clause now reads: "the lowest 4.5 metres of a building or structure above the average level of the sidewalk on the frontage of the building or structure on the west side of Yonge Street, is set back at least three metres from the limit of the street and is free from any column or other structure;"

(ii) amending clauses (iii) and (iv) by replacing the words "on those streets" with "on the west side of Yonge Street"

(iii) replacing clause (v) in its entirety with the following: "the frontage of the building or structure on St. Clair Avenue is set back at least three metres from the limit of the street;" and

(iv) clause (vi) is deleted in its entirety.

2. That draft by-laws (1) and (2) of the report of the City Solicitor dated November 29, 1999 be amended to give effect to Recommendation 1 of this report.

3. That there be no further notice of public meeting of the draft by-laws, as amended.

Background:

1. Community Council Direction arising from the Statutory Public Meeting

On December 2, 1999, Toronto Community Council held a statutory public meeting under the Planning Act for the Yonge St. Clair Part II Plan, associated amendments to the Part I Plan, Land Use and Mixed Residential-Commercial Density Maps, and proposed amendments to the Zoning By-law, recommendations which were contained in my report dated November 15, 1999. In addition, Community Council had a report, dated November 29, 1999, from the City Solicitor setting out the implementing by-laws.

Several representations were made at the statutory public meeting expressing concern about the impact of proposed policies on selected properties. In addition, several letters were submitted at, or prior to, the public meeting which raised several further site specific issues about the Part II Plan which were addressed in my November 15, 1999 report.

2. Authorization

Toronto Community Council, as set out in Clause 57 (b) in its Report No. 15, adjourned the Public Meeting held pursuant to the provisions of the Planning Act until January 18, 2000 and requested the Acting Commissioner of Urban Development Services to report on selected issues.

Comments:

3. Issues from the Statutory Public Meeting for which Toronto Community Council directed a Report

3.1 Height and Density on Woodlawn Avenue East - 80 Woodlawn Avenue East

A letter was received from Heather M. McGregor, Executive Director, YWCA of Greater Toronto, dated November 30, 1999, and a presentation was made by Joanne Barnett on behalf of the YWCA, which is the owner of 80 Woodlawn Avenue East.

In my November 15, 1999 report, I recommended that the area on the north side of Woodlawn Avenue, which includes this site, be designated "Natural Area", in recognition of the escarpment (Lake Iroquois shoreline). Any development permitted in a "Low Density Residence Area" would be permitted in this "Natural Area", subject to an environmental impact study required by the Part I Plan. Due to a number of unique factors applicable to this section of the escarpment, including two lots which extend from Jackes Avenue to Woodlawn Avenue East, four lots located adjacent to David Balfour Park, the high rise buildings on the north side of the escarpment and the physical prominence of this section of the escarpment, a statement was included in the Part II Plan limiting redevelopment to existing Zoning By-law height and density limits. The YWCA expressed concern with these proposed limitations.

Although the zoning for this property permits a gross floor area of 0.6 times the lot area, Council may currently approve a rezoning permitting a gross floor area up to 1.0 times without amendment to the Plan. I have reviewed the provisions of the Natural Area designation and am satisfied that they provide sufficient guidance respecting the review of development proposals so as to protect the escarpment. Notwithstanding the impression that the portion of the escarpment on the north side of Woodlawn Avenue East is particularly sensitive, it would be overly restrictive to limit redevelopment to existing by-law height and density limits without the benefit of site specific impact analysis.

Therefore, to refer to all the applicable Natural Area policies and respond to the YWCA's concern, I recommend deleting the last sentence of Section 6.1, which reads "For properties or portions of properties designated Natural Area on the north side of Woodlawn Avenue, it is Council's policy that there is no opportunity to increase the height or density of development above that currently permitted in the Zoning By-law" and adding reference to Section 2.51 of the Part I Plan, respecting the preservation of significant landforms, to Section 6.1 so that the phrase now reads "are permitted subject to policies 2.29, 2.30, 2.32 and 2.51 of the Official Plan and policies of this Plan".

3.2 Height limit - West side of Yonge Street between Walker and Alcorn Avenues

A presentation was made by Catherine Lyons of Goodman, Phillips and Vineberg on behalf of A&D Investments Limited and Context Real Estate, the owners and prospective purchasers of most of the properties fronting on the west side of Yonge Street, between Alcorn and Walker Avenues. Ms. Lyons expressed concern regarding Section 5.8 (a) which limits the height of any redevelopment on the west side of Yonge Street, south of Woodlawn Avenue West to the existing zoning limit, which is 16 metres.

This statement was inserted after research concluded that the maximum development density permitted by the "Low Density Mixed Commercial-Residential Area" designation in this area could be achieved within the 16 metre height limit with flexibility to accommodate variations in building design. It was considered that further increases in height in this area would be limited because of potential negative impacts on the residential areas to the west, due to the shallow depth of these Yonge Street lots. The potential for this area was also considered to be limited due to the currently fragmented ownership and narrow frontages of the lots.

Most properties on the west side of Yonge Street, between Alcorn and Walker Avenues, have now been consolidated into one ownership. Generally, these properties contain 2 storey buildings, developed at a density ranging between 0.8 and 2.1 times the lot area. These properties are designated "Low Density Mixed Commercial-Residential Area", which would permit a gross floor area up to 3 times the lot area. The zoning for this site, which is MCR T3.0 C2.0 R2.5, also limits density to 3 times the lot area. To the west, is a low rise commercial building and parking lot. Although the zoning and official plan permit residential development on this lot the existing commercial building has recently been extensively renovated.

An evaluation of the A & D Investment Limited property indicates some, but limited, potential for development above the 16 metre height limit, consistent with the setback and angular plane requirements resulting from the adjacent residential area (portions of buildings above 10 metres, 7.5 metres in from the west lot line, set back within a 45 degree angular plane) and from Alcorn Avenue and Yonge Street (portions of buildings above 16 metres at the property line set back within a 44 degree angular plane). I recommended the latter two angular planes in my November 15, 1999 report to preserve sun light on the street and to reduce the visual impact of buildings above 16 metres.

In view of the limited potential for redevelopment in excess of existing density and height limits, but within existing and proposed angular planes, I recommend that Section 5.8 (a) be amended to read as follows:

"west side, south of Woodlawn Avenue West - that, for developments in excess of current height limits in this area, Council shall consider the conformity of such a proposal with the design requirements and intent of this Plan, including Section 5.7 (b), and impacts on the pedestrian environment and the adjacent residential area, and;"

3.3 Open Space Around Cottingham Public School

The area east of Cottingham Public School, including Lionel Conacher Park, is shown as "Open Area" on Map A of the Part II Plan and "Natural Area" on Map 1, the Generalized Land Use Map of the Part I Plan. The Cottingham Public School property is currently designated "Low Density Residence Area" and zoned R2 Z1.0 with a height limit of 11 metres, consistent with surrounding residential properties.

The designation and zoning of this school site is consistent with other school sites in the Planning District and other areas of the former City of Toronto. The issue of school closings and the future development of those sites affects all of the City of Toronto and will be addressed as part of the new City-wide Official Plan, currently in progress. Therefore, it would not be appropriate at this time to recommend changes to the designation of the Cottingham Public School site.

3.4 The Special Policy Area for the Lands South of Birch Avenue and East of Gange Avenue

The south side of Birch Avenue contains various uses, including a Hydro transformer, three office buildings, an auto repair shop and parking lot, which are proposed for residential development, and townhouses. In both the 1976 Part II Plan and the Part II Plan recommended in my report, dated November 15, 1999, this site is designated "Low Density Mixed Commercial-Residential Area" and "Special Policy Area". The Special Policy Area permits the continued mix of commercial and residential uses subject to certain criteria. The existing zoning is CR T2.0 C2.0 R1.0 with a height limit of 11 metres. Existing and proposed residential development is at, or close to, a gross floor area of one times the area of the lot. All uses in this area are vibrant, with recent investments having been made in both residential and non-residential uses. The site abuts the CP rail line and Hydro transmission corridor.

It has been suggested that these lands be designated "Low Density Residence Area". Although no change in the zoning was proposed, the suggested change in designation would require a rezoning of the area, reducing the maximum permitted density from 2.0 to 1.0 times the lot area.

Most of the mixed commercial-residential area on the south side of Birch Avenue is bordered by similar uses on the north side of Birch Avenue. The only site in this area which, if developed for commercial purposes, might generate vehicle traffic which would negatively impact existing residential areas, is 7 Gange Avenue. However, this site, subject to Ontario Municipal Board approval, is in the process of being developed for residential purposes. In addition, the proximity of the CP rail line and the transmission corridor may limit or make inappropriate residential development of some lots. Lastly, I note that the City, in 1988, attempted "down designation as to density and down zoning of the number and type of commercial uses in the area". This proposal was refused by the Ontario Municipal Board in orders issued September 22, 1989 and July 8, 1990. The Board reaffirmed the mixed commercial-residential policy framework for the area and in particular for 15 to 27 Birch Avenue, where commercial uses were restricted to office uses.

Commercial and residential development in this area have coexisted satisfactorily for years. Both residential and commercial property owners have undertaken considerable reinvestment in recent years. The Part II Plan policy provides a suitable framework for the continued mixing of these uses in this area. Therefore, I recommend that the designations as proposed in my November 15, 1999 report remain.

3.5 Height Limit in Section 7.6 (a) - 35 and 49 Jackes Avenue

The Part II Plan, in Special Policy Area E, specifies that redevelopment on lots at 35 and 49 Jackes Avenue must be no more than four stories in height. I have been asked to consider replacing this limit with the existing 11 metre zoning height limit. There is concern that, if the floor to ceiling heights are greater than average, the four storey limit would result in an excessively high building.

Existing development in Special Policy Area E consists of the 2 storey, historic Laidlaw House and a 3 and 1/2 storey building at 49 Jackes developed at a gross floor area of 1.54 times the area of the lot. The zoning, R2 Z1.0, would permit primarily a residential development with a density of 1 times the area of the lot, while the proposed "Medium Density Residence Area" designation would permit a development of up to 1.5 times the area of the lot.

The Official Plan is intended to specify general guidelines for development, with the specifics set out in the Zoning By-law. In addition to the number of storeys, criteria related to sunlight on the park and preservation of sky views, together with the density limits in the proposed designation, adequately control development in the area.

Therefore, I am satisfied that, together with the Zoning By-law, the design requirements set out in the Part II Plan are sufficient and recommend no change to the four storey limit set in Section 7.6 (a).

3.6 Alternate Short-term Parking in Special Policy Areas A & B, Section 7.2 (c)

Section 7.2 (c) requires that Council seek the provision of alternative short-term parking during any redevelopment in Area A and B when public parking is unavailable. This policy has not changed from the 1976 Part II Plan. In my November 15, 1999 report, I addressed this issue and concluded that the existing policy provides adequate latitude to the Toronto Parking Authority (TPA) and should not prevent redevelopment of its lands. It is not mandatory that this alternative short-term parking be provided; rather the TPA must seek to provide such parking.

The TPA has requested that "seek the provision of" be replaced with "make best efforts to find." The provision of short-term parking is a significant issue to both businesses and residents in the area. I am concerned that the proposed wording, which requires the TPA to make best efforts, gives no indication as to who is to judge whether or not best efforts have been made to find alternative short-term parking. The existing wording requires the TPA to make every effort to provide alternative short-term parking. Further, it makes it clear that Council will ultimately determine whether or not the TPA's efforts have been sufficient.

In view of the community concern respecting this issue, I recommend that the existing policy, which seeks the provision of alternative short-term parking, be maintained.

3.7 Proposed Amendments to Map A by Leon Kentridge.

Leon Kentridge, of Kentridge Johnston Limited Planning Consultants, in a letter dated December 1, 1999, suggested adding view arrows from the escarpment (Lake Iroquois shoreline) in the residential area west of Yonge Street to Map A, Urban Structure, of the Part II Plan. These arrows would reaffirm Section 2.1 (h) of the Plan which states that the escarpment provides views of the City Centre.

The view policies of the Part II Plan are linked to the Part I Plan. All view sites in the Part I Plan are on public land and the policies relate to public views. While the escarpment provides numerous views from private residences, public views are limited to those originating from streets or parks. To be consistent with the Part I Plan, yet responsive to the general intent of Mr. Kentridge's suggestion, I recommend that Map A of the Part II Plan be amended to show three view arrows just above the escarpment pointing towards the City Centre from Avenue Road, Yonge Street and David Balfour Park.

4. Zoning By-law Matters

4.1 Set Back Requirements Along Yonge Street and St. Clair Avenue

The proposed amendments to the Zoning By-law recommended in my November 15, 1999 report, provide for a 3 metre building setback on the east side of Yonge Street between Heath Street East and the south limit of the Planning District. This setback requirement replicates the requirement originally established by the City and then by Metropolitan Toronto when it assumed jurisdiction of Yonge Street. This by-law will result in consistency in building setback along the east side of Yonge Street, a more spacious feel to the street, wider sidewalks and more opportunities to improve the pedestrian realm.

Since the Metro setback by-law took precedence over local by-laws, conflict between the two was not an issue. However, in discussions with the Building Division, it has been noted that the proposed setback by-law could conflict with Section 12(2) 263 of the Zoning By-law. The existing By-law contains various setback and "build to" standards along Yonge Street, between Heath Street and Rosehill Avenue, some of which conflict with the 3 metre setback. This Section of the Zoning By-law also contains setback requirements along St. Clair Avenue, between Avenue Road and Avoca Avenue.

In addition to the potential for conflict, the massing of buildings according Section 12 (2) 263 is no longer considered appropriate or necessary. Further, few buildings have been constructed which meet these requirements; most have been exempted from the build to and setback zoning requirements above grade.

I have reviewed these existing setback requirements, consulted with staff of the Urban Design section of this Department and the Works and Emergency Services Department. I have concluded and recommend the following:

- on St. Clair Avenue - most buildings constructed since the adoption of the by-law in 1976 have been set back at least three metres from the property line; only two have been constructed with a second floor projection over the at grade setback. Given the development along this street, I recommend that the setback of at least three metres at grade be maintained as appropriate with no additional setback or build to requirements; this will maintain a consistent building setback along St. Clair Avenue and provide generous sidewalk space;

- on the west side of Yonge Street - I recommend retention of the existing setback and build to requirements of Section 12 (2) 263 of the Zoning By-law until such time as a further report is brought to Community Council dealing with the left turn requirements on Yonge Street at the St. Clair Avenue intersection; and

- on the east side of Yonge Street - all new buildings be set back at least 3 metres as set out in the zoning amendments recommended in my November 15, 1999 report.

4.2 Expansion of 1331 Yonge Street (CHUM)

In my November 15, 1999 report, recommendation (2) 1 (1) (iv) permits a renovation/expansion of the existing building provided that the height of the building is not increased. The applicant has recently submitted plans showing a slightly higher addition than the existing buildings. The height of the addition, at approximately 10 metres, is within the 16 metre height limit for this area. Since the height of this addition has now been confirmed, I recommend that the phrase "which does not increase the height of the building" be deleted from the proposed Zoning By-law amendment referring to the 3 metre building setback on the east side of Yonge Street.

4.3 Density Reductions, Where and by How Much

Neither the Part II Plan nor recommended zoning amendments now before Council for approval reduce permitted development densities.

The three metre setback on the east side of Yonge Street, a long standing policy of the City of Toronto and then Metropolitan Toronto, can be accomplished without reducing permitted development densities. The angular planes, which, among other things, protect for sunlight on the street, only take effect in "Low" and "Medium Density Mixed Commercial-Residential Areas" above existing permitted height limits. In "High Density Mixed Commercial-Residential Areas", the angular planes have been tested and do not reduce permitted development densities. The proposed rezoning on the east side of Alvin Avenue broadens the range of permitted office uses. The proposed changes to the Zoning By-law for setbacks along St. Clair Avenue do not reduce permitted development densities.

Conclusions:

I have reviewed the issues identified by Community Council resulting from the public meeting on the Yonge-St. Clair Part II Plan and corresponding amendments to the Part I Plan and the Zoning By-law. I have recommended amendments to certain recommendations set out in my Final Report, dated November 15, 1999, to address the "Natural Area" designation; height limits on the west side of Yonge Street, south of Woodlawn Avenue; views from the escarpment and zoning setback requirements along Yonge Street and St. Clair Avenue.

It is appropriate that the Yonge-St. Clair Part II Plan and related amendments to the Part I Plan and Zoning By-law of the former City of Toronto, as amended, be recommended for adoption to City Council.

Contact:

Wayne Morgan

Telephone : 392-1316

E-mail : wmorgan@toronto.ca

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The Toronto Community Council also submits the following report (January 14, 2000) from the Acting Commissioner of Urban Development Services:

Purpose:

To report further on an issue arising from the statutory public meeting held at Toronto Community Council on December 2, 1999 and a technical amendment regarding the Yonge-St. Clair Part II Plan and related amendments to the former City of Toronto Part I Plan, Generalized Land Use Map and Mixed Commercial-Residential Density Maps and to the Zoning By-law.

Financial Implications and Impact Statement:

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

1. That the recommendations contained in the Final Report on the Yonge-St. Clair Part II Plan Study Review, dated November 15, 1999, from the Acting Commissioner of Urban Planning and Development Services, considered by Toronto Community Council at its meeting on December 2, 1999, be further amended as follows:

(1) recommendation (1) (a), the amendment to Map 1, the Generalized Land Use, of the Official Plan for the former City of Toronto ("the Part I Plan") replacing the existing designation for the property known municipally in the year 2000 as 7 Gange Avenue with the designation "Low Density Residence Area";

(2) recommendation (1) (c), the Yonge-St. Clair Part II Plan, contained in Appendix A of the Final Report, being amended so that on Map B, Special Policy Areas, the property known municipally in the year 2000 as 7 Gange Avenue and the property in the railway right-of-way immediately to the south of 7 Gange Avenue are deleted from Special Policy Area C; and

(3) recommendation (2) is amended by adding the following:

(5) By-law No. 438-86, is amended for the property known municipally in the year 2000 as 7 Gange Avenue by:

(i) replacing the existing zoning with "R2 Z1.0" and the existing height limit with "H 11.0"; and

(ii) adding a clause to 12 (1), the exception section of the By-law, permitting any development consistent with the Ontario Municipal Board decision in the appeal of the Committee of Adjustment decision dated July 16, 1999, O.M.B. File Nos. C990203 and V990357.

2. That draft by-laws (1) and (2) of the report of the City Solicitor dated November 29, 1999 be amended to give effect to Recommendation 1 of this report.

3 That there be no further notice of public meeting of the draft by-laws, as amended.

Background:

1. Community Council Direction arising from the Statutory Public Meeting

On December 2, 1999, Toronto Community Council held a statutory public meeting under the Planning Act for the Yonge St. Clair Part II Plan, recommendations for which were contained in my report dated November 15, 1999. In addition, Community Council had a report, dated November 29, 1999, from the City Solicitor setting out the implementing by-laws.

Several representations were made and several letters were submitted at, or prior to, the statutory public meeting expressing concern about the impact of proposed policies on selected properties. As directed by Community Council, I made recommendations on various issues raised at the statutory public meeting in my report dated December 29, 1999. Upon further examination and discussion, I am modifying my recommendation for a portion of the proposed Special Policy Area for the lands south of Birch Avenue and east of Gange Avenue.

Comments:

2. The Special Policy Area for the Lands South of Birch Avenue and East of Gange Avenue

In my December 29, 1999 report, I reaffirmed that these lands be designated "Low Density Mixed Commercial-Residential Area" and "Special Policy Area", although I noted that the property known as 7 Gange Avenue is the only site in this area which, if developed for commercial purposes, might generate vehicle traffic which would negatively impact the existing residential areas. I also noted that this site, subject to Ontario Municipal Board approval, is in the process of being developed for residential purposes.

In light of the proposed residential development of 7 Gange Avenue and concerns about commercial traffic impact on the existing residential area, it is appropriate to remove the commercial permission on this site, while allowing the development which may be permitted as a result of the recent Ontario Municipal Board hearing.

Therefore, I recommend that the property known as 7 Gange Avenue be removed from the Special Policy Area C, be redesignated "Low Density Residence Area" on Map 1 of the Part I Plan and be rezoned consistent with the adjacent residential designation and that development permitted as a result of the recent Ontario Municipal Board hearing be permitted on this site.

With respect to Section 4.3 of my report dated December 29, 1999, this recommended change would remove the commercial permission and associated density from this site, but leave the residential density, at 1.0 times the lot area, unchanged. In view of the owner's development intentions for the site and appeal to the Ontario Municipal Board, this change is appropriate.

Conclusions:

It is appropriate that the a portion of the Special Policy Area on the south side of Birch Avenue be redesignated and rezoned to permit low density residential and that Yonge-St. Clair Part II Plan and related amendments to the Part I Plan and Zoning By-law of the former City of Toronto, as amended, be recommended for adoption to City Council as modified.

Contact:

Wayne Morgan

Telephone : 392-1316

E-mail : wmorgan@toronto.ca

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, which have been submitted to Members of Council under separate cover:

- (November 30, 1999) from Ms. Heather M. McGregor, YWCA;

- (November 30, 1999) from Mr. Michael B. Vaughan;

- (November 30, 1999) from Mr. Murray H. Chusid, Blaney McMurtry Stapells Friedman;

- (November 30, 1999) from Ms. Janice Merson, Summerhill Residents Association;

- (December 1, 1999) from Mr. Leon R. Kentridge, Kentridge Johnston Limited;

- (January 18, 2000) from Mr. Murray Chusid, Blaney McMurtry;

- (January 14, 2000) from Mr. Richard Weldon, Crown Regal Lands; and

- (January 18, 2000) from Ms. Janice Merson, Mr. Mathias Schlaepfer, Mr. Barry De Zwaan and Mr. John Tyacke, Summerhill Residents Associations.