The North York Community Council reports having held a statutory public meeting on February 18, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

Purpose:

The purpose of this report is to provide recommendations for the proposed development of the property at 43 Sheppard Avenue East, located on the south side of Sheppard Avenue East, east of Yonge Street. The applicant, Seneca College, is seeking a base level of zoning on the property which would allow for redevelopment of the site. A 1988 application submitted by Seneca College has been evaluated to determine whether a proposal of this nature on this site could satisfy the development principles put forward in this report. A report on this matter is being brought forward at this time because the application is the subject of an Ontario Municipal Board hearing commencing March 2, 1998. It is necessary for Council to take a position on the matter prior to the hearing.

There are two primary issues which remain outstanding for this application. Transportation certification remains to be secured by the applicant to the satisfaction of the City. Staff will report further on this at the statutory public meeting. Secondly, an issue remains between the applicant and the City with respect to the appropriate mix of residential and non-residential uses which the by-law should permit at this location. Staff are seeking authorization to continue discussions prior to the commencement of the OMB hearing in an effort to secure an appropriate Mixed Use employment and residential zoning consistent with Council policy.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

Zoning By-law

Background:

The subject property is located in the Downtown of the North York Centre and is subject to the policies of Part D.1 and D.2 of the Official Plan. Council has adopted an amendment to this Secondary Plan, the North York Centre Secondary Plan (OPA 447), which is now before the Minister of Municipal Affairs and Housing for approval.

A base pre-zoning will allow Seneca to address responses to its Request for Expressions of Interest Phase 1 Proposal Call document for the property development of the site. The site is vacant and has been temporarily expropriated for use as a construction staging area and for the installation of temporary tiebacks for the construction of the Sheppard Subway until approximately 2001.

In 1988 the College made application for approval of Official Plan Amendments and Rezoning to permit a 23 storey office building and a new 4 storey college facility. This application was not perfected by the applicant and has not been replaced with a new development application. The applicant has, however, provided revised statistics for what it seeks to achieve in its zoning.

For the purposes of this report, the 1988 development concept is taken as a demonstration plan of the most intensive use of the property which could occur. Based upon an analysis of this concept, and the revised statistics submitted by the applicant, staff have developed urban design principles and performance standards appropriate to the development of this property. In the absence of new plans and drawings, the Department has relied upon current performance standards for development in the North York Centre, as these have been reflected in comparable sites within the Downtown and as they have recently been endorsed by Council in its adoption of OPA 447 - a new Secondary Plan for the North York Centre.

1.0 Proposal

At this time, a zoning by-law amendment to achieve a base level of zoning and master site plan are being considered. The application proposes a zoning by-law amendment in order to permit a change in the zoning to C1 (87), General Commercial site specific exception which would allow the following uses:

The applicant=s proposed zoning will allow a maximum gross floor area of 43,017.64 m² (463,053.17 sq.ft.) on the site representing a density of 4.5 FSI. No Special Density Incentives have been requested as part of the proposal. The original 1988 application did not include residential uses, however, residential uses have now been added to the proposal. The applicant is proposing that the residential component have a maximum floor area of 43,017.64 m² and a maximum unit count of approximately 400 dwelling units.

A concept plan has been submitted, for the purposes of a master site plan approval, which shows 2 buildings, one 26 storeys in height and the other 4 storeys in height (Schedule AC@). The concept plan is being used to test a potential development scenario for the site against the principles of development in this report.

Table 1 below describes the proposed site statistics.

Discussion:

1.0 Location and Existing Site

The 0.95 hectare (2.35 acre) site is located on the south side of Sheppard Avenue East, east of Yonge Street and is located near the intersection of two arterial roads. The subject site has a frontage of 76 metres (250 feet) and a depth of 125 metres (410 feet). It is located on both the existing Yonge Subway Line and the future Sheppard Subway Line, which is expected to open in 2002. The site is also located in close proximity to the interchange between Yonge Street and Highway 401.

At present, the site is vacant. Previously, it was occupied by the Sheppard Campus of Seneca College. The building on the campus has been demolished and the site is used as a construction staging area and for the installation of temporary tiebacks for subway construction until approximately 2001.

A mix of commercial uses and a vacant lot surround the site which is located near to the southeast corner of Yonge Street and Sheppard Avenue East. A vacant lot is located to the south, two office buildings to the east, and the Willowdale Plaza to the west. The remaining three corners of the Yonge Street/Sheppard Avenue East intersection are occupied by a commercial/residential development on the northeast corner (the Sheppard Centre), and vacant lots on both the northwest and southwest corners.

2.0 Context

In 1988, Seneca College submitted an official plan amendment, zoning amendment and site plan applications to permit office, retail, daycare and community college uses. Permission for residential uses was not requested at that time. In 1990, revised plans were submitted in response to comments from City Departments and agencies. Since that time, there have been changes in Official Plan policy and, most recently, in the applicant=s development intentions for the site. The applicant now hopes to achieve base zoning which will permit greater land use flexibility and will permit up to 100 percent residential uses or 100 percent commercial or any combination of mixed use.

The original site plan application for a new college on a portion of the site was approved (December 18, 1990) based on the historic zoning of the property. At this time, applications for rezoning as well as the existing site plan approval as amended by the concept plan and attached urban design principles are being considered.

3.0 Planning Controls

3.1 Official Plan:

The Mixed Use designation in the existing Official Plan for the Seneca lands allows mixed commercial, residential, hotel, open space, recreational, institutional, entertainment and cultural uses at a density of 4.5 floor space index. This designation did not limit the gross floor area for residential or commercial uses.

The lands are affected by Amendments to the Official Plan adopted by Council to repeal and adopt and new North York Centre Plan (OPA 447).

A discussion of the current and proposed official plan policies of the Official Plan affecting this property is attached as Appendix AA@.

Council=s longstanding commitment, as set out in the Official Plan, is that the Downtown be developed for primarily employment uses and that the Uptown be developed primarily for residential uses. A strong employment component in this location is preferred, as supported in the existing Official Plan and confirmed in OPA 447.

3.2 Zoning By-law

The site has an M2 and MOF(H) zoning. The M2 Industrial (Inside Storage) zone permits residential, public, community, automotive, industrial and institutional uses. The MOF(H) Industrial Office Holding zone permits an office use, with certain restrictions. On September 17, 1997, the property was zoned to C1 which permits residential, certain commercial and institutional uses. The Zoning Amendments have been enacted but are not yet in force. The zoning for the site is shown on Schedule AB@.

4.0 Other Department Comments

The application was circulated in April 1989 and March 1990. Confirmation of the March 1990 comments, or revisions to those comments, were requested in November 1996 prior to the commencement of the hearing in May-June of 1997 with respect to OPA 393. The application was circulated again in September 1997 to a limited number of departments and agencies.

The following is a description of the most recent and pertinent comments received from circulated agencies and departments.

The Metropolitan Toronto Planning Department (Schedule AG@) advise that opportunities for the provision of affordable housing should be considered so that at least 25 percent of new residential units are affordable. Approval of this application is subject to confirmation that this development is included in the plan for allocation of the trunk relief sewer capacity. The Traffic Impact Study and the supplementary analysis submitted by the applicant are insufficient to address the concerns of the Metropolitan Transportation Department.

The Metropolitan Separate School Board objects to the development proposal and zoning by-law amendment due to the lack of permanent facilities and overcrowding at St. Edward Catholic School (JK-8), Ecole elementaire catholique Sainte-Madelien (JK-8), Brebeuf College and Loretto Abbey Catholic Secondary Schools. (Schedule AH@)

The North York Board of Education has advised that the cumulative student yield from this and other development applications will create accommodation pressures at Hollywood Public School and Bayview Middle School. Students emanating from the proposed development can not be accommodated in Earl Haig Secondary School and may be accommodated at other Board facilities. (Schedule AI@)

The Toronto Transit Commission is supportive of plans to redevelop the site to a higher density, although there are several details of the subway project in this area which may affect the design. (Schedule AJ@)

The North York Transportation Department (Schedule AK@) has reserved final consideration on this application until the final traffic certification of this proposal has been provided and accepted by the Department. The status of the applicant=s Transportation Impact Statement and certification will be reported upon at the statutory public meeting.

The North York Parks and Recreation Department has advised that a parkland contribution will be required. If the application is approved subsequent to adoption of a new parkland dedication by-law for the new City of Toronto, the new parkland dedication by-law shall apply. If the application is approved for non-residential uses only, it will be subject to a 2 percent cash-in-lieu parkland dedication. Any leased or commercial space will be included in the 2 percent calculation. If Council so chooses to approve a mixed use development on these lands, the residential portion will be subject to an off-site land dedication or cash-in-lieu parkland dedication payment. Additional outdoor amenity space is required in the form of common outdoor space for residential and non-residential development and private outdoor recreational space for residential development. (Schedule AL@)

The North York Public Works Department has advised that the sanitary sewage of the proposed development discharges into the Metro Don Trunk Sewer. Metro has advised that the Don Trunk System is at capacity and that there are interim trunk capacities available for future development. The allocation of the Metro Interim Sanitary Trunk capacity for this development is subject to Council approval of this application. (Schedule AM@)

5.0 Community Consultation

A community meeting was held on September 11, 1997. The minutes for this meeting are attached as Schedule AO@. The primary concern of residents who attended the meeting related to traffic impacts on the nearby neighbourhood. Residents voiced concern over the potential traffic impacts of the development, both during construction and once completed, specifically, how traffic would be kept out of the area. A discussion on traffic and transportation issues follows in section 6.2 of this report.

6.0 Planning Issues

6.1 Land Use

6.1.1 Land Use Mix

The primary outstanding issue between the applicant and staff relates to the land use mix, in particular the percentage of residential uses to be permitted on the site.

In the Official Plan, the Downtown is to be developed for primarily employment uses. The preference for this site is for a strong employment component, as supported in the existing Official Plan and confirmed in OPA 447. Consequently, the proposal by the applicant for full residential permission on this site is not supported and the draft by-law attached as Schedule AN@ does not include such permission, but rather limits the residential component to no more than 50 percent of the total permitted gross floor area.

The land use plan for the Downtown as stated in OPA 447 intends that the nature of the Downtown be a mixed use area with significant commercial nodes in the vicinity and between the Sheppard and North York stations on the Yonge Subway and Sheppard Subway. The subject site is within the Downtown and in very close proximity to these subway stations. The purpose in limiting the residential uses on this and other sites is to ensure that an adequate supply of land for employment uses is provided at key locations, thereby contributing to the establishment of a significant commercial node in this area.

The development application submitted by the applicant for either an entirely residential or for an entirely commercial development can be accommodated under the Long Range Development Levels set out in the Part D.1 Secondary Plan at such time as the Ontario Municipal Board=s Order, approving Official Plan Amendment 393, comes into effect.

Should Council enact the zoning for this property, there is available sewage capacity which can be allocated to this development.

6.1.2 Commercial

Street related retail and service commercial uses are encouraged along arterial roads. The Seneca College site is considered a prime frontage area on an arterial road. Street oriented commercial uses and other uses contributing to the animation of the street are appropriate on lands abutting the Yonge Street and Sheppard Avenue sidewalks. The applicant is proposing that 2,230 m² or 5 percent of the total GFA permitted on the site be ground floor retail.

6.1.3 Community Services and Facilities

Schools

The North York Board of Education has advised that the anticipated student population can be accommodated.

The Metropolitan Separate School Board has objected to the proposal due to the lack of permanent facilities and overcrowding at its schools. The MSSB has been granted Leave to Appeal the Decision of the Ontario Municipal Board with respect to Official Plan Amendment 393 to the courts. It had requested that lands be set aside for school purposes south of Sheppard Avenue and this request was denied at the OMB.

Community Facilities

It is appropriate that residential development of 100 dwelling units or greater be required to provide a minimum of 1.5 m² per dwelling unit of private indoor recreational space. Council has implemented this performance standard in recent approvals within the Downtown and has proposed this standard as a matter of policy within the official plan.

On-Site Amenity Space

It is appropriate that non-residential development having a gross floor area of 1,000 square metres or greater be required to provide a minimum common outdoor space area equal to 4 percent of the non-residential floor area or 10 percent of the lot area attributable to the non-residential uses, whichever is greater. Similarly, residential development of 100 dwelling units or greater can provide a minimum of 1.5 m² per dwelling unit of indoor and private outdoor recreational space. These are performance standards which have been reflected in recent approvals in the Downtown and in the absence of a specific development design by the applicant, it is appropriate to secure these performance standards in the base zoning of this property.

6.2 Traffic Certification

It is the policy of Council not to approve a rezoning for a development having more than 5,000 square metres of total floor space (including transfers and incentives) unless a traffic certification is completed and acceptable to Council and in accordance with the policies of the Official Plan. It must be shown that:

The theoretical capacity provided by major improvements to the Metropolitan Toronto roads and transit networks that may be identified in the future shall be excluded when undertaking the certification until all necessary approvals have been secured and the timing of construction assigned.

The Seneca College application has a total floor space greater that 5,000 square metres, consequently traffic certification is required. For the Seneca lands, road requirements associated with the development in order to achieve its planned density and use will be prescribed by the traffic certification. At this time, traffic certification has not be granted for the application. It will be addressed in a separate report to be forwarded to the February 17, 1998 statutory public meeting of the Community Council.

As of the date of the writing of this report the applicant has not certified the Transportation impacts of this development to the satisfaction of the City. This must be settled prior to the commencement of the OMB hearing or the City will be required to present a case before the Board that the application is premature and should not be approved at all.

The applicant and staff are confident that transportation certification can be successfully demonstrated by the further analysis which has been requested of the applicant. Staff will report on this specific requirement of the Downtown Plan as it relates to this property at the time of the statutory Public Meeting.

6.3 Urban Design

The proposed drawings show how the property can be developed with one potential development scenario which accommodates the proposed uses. The demonstration plan and accompanying urban design principles forms part of a Concept Plan approach to reviewing rezoning applications consistent with the recent approach for the CIBC and Samsor development applications. The Concept Plan approach:

The drawings are attached (refer to Schedules AC@,AD@ and AE@) and have the following characteristics:

Given the preliminary and conceptual nature of the demonstration drawings, design and layout principles have been prepared that could be incorporated into future site plan applications. However, the building design and site layout that is proposed can be modified to accommodate appropriate design elements to achieve the principles listed below. A more detailed description of the principles can be found in Schedule AF@. Any site plan approval should incorporate these principles to ensure that subsequent detailed site plan submissions are consistent with the urban design elements that have been recommended as part of OPA 447 and OPA 393. The following urban design principles are to guide future site plan applications:

6.3.1 Pedestrian Comfort

Prior to by-law enactment, the applicant shall submit confirmation that an appropriate pedestrian comfort level can be achieved regarding shadow, overview, wind and drifting snow and that the proposal should not significantly reduce the amenities of sunlight and privacy enjoyed by neighbouring properties. A detailed and final assessment to address specific components of the site based on the design principles set out in this report will be necessary for subsequent site plan applications.

6.4 Affordable Housing

The addition of residential uses precipitates the need to ensure that a minimum of 25 percent of the dwelling units are constructed in accordance with Council Policy regarding affordable housing. The amending zoning by-law will contain a clause to implement this policy.

Conclusions:

It is necessary for Council to take a position on this matter prior to the Ontario Municipal Board hearing schedule for March 2, 1998.

Base zoning can be achieved on this property which allows for development of this site.

Staff=s evaluation of the applicant=s proposal has determined that this type of proposal as modified by these recommendations could satisfy the principles of development required for a Downtown Development. Re-zoning of the property, allowing the owner to respond quickly to vacating of the site by the TTC staging crew, is in the public interest allowing redevelopment to proceed expeditiously with the Subway Station construction.

The performance standards which staff are recommending for this parcel are based on the locational attributes and merits of the site. They make use of the development conventions found in recent Downtown approvals and recently adopted Council policy. In the absence of a specific alternative mix of uses which achieves the objective of securing a strong employment focus at this strategic location at Yonge Street and Sheppard Avenue, these standards are appropriate.

The primary outstanding issue between the applicant and the City is the percentage of residential uses on the site. It is the City=s goal to achieve a strong employment component and mixed use presence at this location as contemplated by the land use plan contained in OPA 447. Staff will continue to discuss this aspect of the proposal with the applicant and are prepared to evaluate options which can achieve this goal. At the time of the statutory public meeting staff will report on any alternative development scenarios.

Planner: Gwen Manderson

Telephone No.: 395-7117

Fax No.: 395-7155

Purpose:

The purpose of this report is to advise the Community Council of the status of the traffic certification for this proposed development, the status of discussions on alternative development scenarios, and to recommend a revised by-law for the Seneca application.

Seneca College of Applied Arts and Technology is seeking zoning on their property, located at 43 Sheppard Avenue East, which would allow for redevelopment of the site. A report on this proposal was received by the North York Community Council on January 21, 1998, at which time staff were directed to give notice of a statutory public meeting for the February 18, 1998 meeting of the North York Community Council.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

Background:

When this proposal was reported on at the January 21, 1998 meeting of the Community Council, two primary issues which were outstanding for this application were identified. Firstly, transportation certification had yet to be secured by the applicant to the satisfaction of the City. Secondly, there was an issue between the applicant and the City with respect to the appropriate mix of residential and non-residential uses which the by-law should permit at this location. Staff are to report on the status of the traffic certification of the application at the statutory public meeting and to continue to discuss alternative proposals with Seneca College prior to the Ontario Municipal Board hearing.

Technical modifications to the draft by-law consistent with the intent of the report considered at the January 21, 1998 meeting have been reviewed. A revised by-law has been prepared which affects the maximum building heights and reduces certain yard setbacks.

Discussion:

Seneca submitted their traffic impact study in September 1997 and supplementary information on January 22, 1998. This supplementary information is presently being reviewed by Transportation staff. At the time of the writing of this report, the issue of traffic certification had not been settled. Without certification, the application remains premature.

Staff have met with the applicant and at the present time there are no alternative development scenarios which have been submitted by the applicant.

A draft by-law was appended to the staff report which was received by the Community Council on January 21, 1998. This by-law has been revised so that the building height is now expressed as a maximum height in metres (100 metres above grade), rather than as the number of storeys permitted. This is consistent with the way in which maximum height is limited in Official Plan Amendment 447. The side and rear yard setbacks have been reduced from 1.0 metre to 0.0 metres. Setbacks will be defined at the time of site plan approval by urban design standards and guidelines discussed in the original staff report. The front yard setback remains at 4.0 metres. Both the maximum heights and yard setbacks are shown on the schedules attached to the by-law (Schedule AA@).

Conclusions:

Staff have attempted to resolve the outstanding issues between the City and the applicant regarding traffic certification and land use mix. The application is premature without traffic certification. Land use mix on this site continues to be a planning issue.

Planner: Gwen Manderson

Telephone No.: 395-7117

Fax No.: 395-7155

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A staff presentation was made by Gwen Manderson, Senior Planner, Planning Department (North York Civic Centre.

The North York Community Council reports also having had before it the following communications:

The following individuals appeared before the North York Community Council:

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(The various appendices referred to in the foregoing reports are on file in the office of the City Clerk, North York Civic Centre.)