Official Plan and Zoning Amendment Application UDOZ-94-34 -

T.W.S. Developments Limited -

797 Don Mills Road - Don Parkway

 The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (April 23, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by T.W.S. Developments Limited regarding Official Plan and Zoning Amendment for 797 Don Mills Road, be approved, with the following revisions and additional condition:

 (1)recommendation 1 (v) be amended to read as follows:

 "A minimum of 25 percent of the residential dwelling units shall have a maximum gross floor area of 71 square metres for a one bedroom unit, 80 square metres for a two bedroom and 120 square metres for a three bedroom unit."

 (2)recommendation 2 be amended to read as follows:

 "Prior to the enactment of the Zoning By-law, the applicant shall receive site plan approval, said approval to address to the satisfaction of the applicant and the City, the laneway called the IOF Laneway, the podium and the underground passageway. This process shall be in full consultation and involvement with the IOF. In addition, the applicant agrees that it will resolve the issues between it and the IOF with respect to the IOF Laneway, the podium and the underground passageway, prior to the enactment of the by-law."; and

 (3)all outstanding by-law violations be complied with prior to July 7, 1998.

 The North York Community Council reports having held a further statutory public meeting on June 24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

 The North York Community Council submits the following report (April 23, 1998) from the Acting Commissioner of Planning, North York Civic Centre:

 Purpose:

 This report recommends approval of the application to permit the residential conversion of the existing vacant office building located at the southeast corner of Don Mills Road and Eglinton Avenue East (Mony Life Building). The applicant proposes to convert the office building into 180 residential units.

 Recommendations:

 It is recommended that:

 (1)the application be approved and the property's MO zoning be amended to add the following exceptions:

 (i)if the building contains a residential use, then the following uses are permitted:

offices; and, the following on the ground floor only:

retail stores, restaurants, personal service shops, dry cleaning and laundry collecting establishments, synthetic dry-cleaning establishments, automatic laundry shops, custom workshops and day nurseries;

(ii)maximum gross floor area - 270 percent of the lot area;

(iii)minimum yard setbacks and building location generally as shown on Schedule "C", excluding accessory buildings and structures;

(iv)maximum building height - 17 storeys;

(v)a minimum of 25 percent of the residential dwelling units shall have a maximum gross floor area of: 70 square metres for a one bedroom unit, 80 square metres for a two bedroom and 120 square metres for a three bedroom unit;

(vi)general lot depth, dwelling unit area and lot area standards need not apply; and

(vii)minimum indoor recreational amenity area - 2 square metres for each dwelling unit;

 (2)prior to the enactment of the zoning by-law, the applicant shall provide to the City appropriate security for the Parks and Recreation matters described in Schedule "J3"; and

 (3)prior to final site plan approval, the applicant shall submit, or agree to submit prior to the issuance of a building permit, a record of site condition that is acknowledged by the Ministry of Environment and Energy.

 Council Reference/Background/History:

 Background:

 In 1995, the former North York Council directed that the application be referred to the Development and Economic Growth Committee and the Planning Advisory Committee for a report on the conversion of the subject property from office industrial to residential/medical use. The specific application was not considered by either of these former committees. However, the site and surrounding area were reviewed in conjunction with the industrial strategy that precipitated Council's adoption of an area specific official plan amendment policy that supports the thrust of the proposal to enhance the mix of uses within the block bounded by Don Mills Road, Eglinton Avenue East, Don Valley Parkway and Rochefort Drive.

   Proposal:

 The application proposes a zoning by-law amendment in order to permit the residential conversion of the vacant office building into 180 residential units. The existing building has a floor plate that is relatively compact and square which makes it a candidate to be retrofitted for residential use. The site plan is shown on Schedule "C" and the pertinent statistics are as follows:

 Location and Existing Site:

 The site is located on the southeast corner of Don Mills Road and Eglinton Avenue East, across Don Mills Road from the Ontario Science Centre. It is developed with a 17 storey office building which has been vacant since the early 1990's. The surrounding area consists of the Independent Order of Foresters office building followed by a mix of residential uses to the south, an unopened road allowance to the north and office, institutional and vacant residential lands to the east.

 Planning Controls:

 Official Plan:

 The site is designated industrial with a specific policy statement which permits a mix of residential, office, open space and institutional uses. The designation and policy statement form part of the Council-enacted Official Plan Amendment 443 which is currently awaiting approval from the Ministry of Municipal Affairs and Housing. Schedule "A" shows the official plan designations.

 Zoning:

 Industrial-Office Business Park Zone (MO) with a specific exception that permits service shops and personal service shops to a maximum gross floor area equal to 0.5 percent of the office building's total gross floor area. The MO zoning forms part of the zoning by-law that was enacted by Council to implement official plan amendment 443. Schedule "B" shows the zoning for the area.

  Comments and/or Discussion and/or Justification:

 Other Department Comments:

 The following section summarizes the comments received from the departments and agencies circulated.

 The Metropolitan Toronto Planning Department identifies sewer, stormwater and site plan issues (Schedule "D").

 The Toronto Hydro-Electric Commission and Consumers Gas report standard requirements that will form part of the site plan review (Schedules "E" and "F").

 The North York Board of Education and Metropolitan Separate School Board report that accommodation is available at certain schools and that some facilities are experiencing accommodation pressures (Schedules "G" and "H").

 The Transportation Department notes site plan and parking supply considerations that will be the dealt with in detail at the site plan approval stage (Schedule "I").

 The Parks and Recreation Department notes that any approval of the application will be subject to the City's cash-in-lieu of parkland dedication requirements and that the applicant's proposal to contribute $50,000.00 towards the community's parks and recreation facilities is acceptable (Schedules "J1" to "J3").

 The Works and Emergency Services Department reports that the site has access to municipal services and identifies refuse collection and storm water runoff details that will form part of the site plan review (Schedule "K").

 The Public Health Department notes that an environmental site assessment should be submitted for review in order to ensure the suitability of the site conditions to accommodate the residential land use (Schedule "L").

 Community Consultation:

 A community consultation meeting was held on March 25, 1998 during which time there was general support to have the vacant building occupied. The adjacent office building owner (Independent Order of Foresters) noted that access to the Mony Life building would be via an easement over a private lane from Rochefort Drive. The applicant has confirmed the mutual right-of-way arrangement with the IOF (Schedule "M").

 Planning Issues:

 Land Use:

 In principle, the proposal to convert the vacant office building to residential fits in with the emerging mixed employment-residential nature of the area. This is supported by the existing development context and municipal policy framework for the site.

 In terms of development context, the site is located adjacent to office and retail-commercial uses and is in close proximity to an existing residential community to the south which contains a mix of low and midrise residential buildings. To the east is the block bounded by Ferrand Drive, Rochefort Drive and Eglinton Avenue East which, although presently vacant, is designated for a mixed residential-commercial-parkland development (see Schedule "A" for the location of this block). Recently, this vacant block has been purchased by Graywood Developments who wishes to develop the vacant site with a mix of semi-detached and townhouse buildings (reference file UDOZ-97-52). That proposal is currently in the circulation stage of the planning review.

 In terms of municipal policy, the residential use on the site is supported by the official plan for the area which encourages a mix of residential, office, open space and institutional uses. The area specific official plan policy was formulated in consultation with the Economic Development Centre, recognizing that the business park area south of Eglinton Avenue in between Don Mills Road and the Don Valley Parkway can benefit from a mixed land use policy strategy. It should be noted that the official plan policy permitting this mix of uses has been adopted by Council and is awaiting approval by the Ministry of Municipal Affairs and Housing. Encouraging a mix of uses reflects the area's character and enhances the opportunity to stabilize existing viable uses and stimulate interest in presently vacant and underutilized land and buildings. The Mony Life building that is the subject of this application has been almost completely vacant since the early-1990's. The policy strategy and the proposal's contribution to the mixed land use character of the area are supported by the applicant's planning and economic reports that have been submitted in support of the application.

 The proposal to introduce a residential land use on the site would implement the City's area specific official plan policy by adding to the mix of uses and housing types in the area. In order to optimize the mixed land use nature that is encouraged by the surrounding development and municipal policy context, it is recommended that the implementing zoning by-law permit the flexibility to have a range of retail commercial and institutional uses.

 The surrounding development and municipal policy context, therefore, support the proposal. It represents an opportunity to enhance the mix of uses and housing types in a manner that builds upon the long term mixed land use strategy for the area.

 Community Facilities, Services and Infrastructure:

 The official plan contains criteria to guide the consideration of this type of rezoning proposal, in particular, to review the availability of community facilities, services and infrastructure to accommodate the proposed residential land use. The following sections will describe the applicable official plan considerations.

 Parks and Recreation:

 The site is located in proximity to a residential community that has an existing supply of community facilities and services (i.e., parks, library, resource centre, community centre). This existing supply will be enhanced in the future with a new park (approximately 2 acres in size) once development occurs on the vacant residential lands that are the subject of a recent residential proposal by Graywood within the block bounded by Ferrand Drive, Rochefort Drive and Eglinton Avenue East, just east of the site. In response to the Parks and Recreation Department comments regarding the pressure that the existing community facilities face, the applicant will:

 (a)augment the supply of existing community facilities with private on-site indoor recreational space at a minimum ratio of 2m² for each dwelling unit (i.e., 180 units @ 2m²/unit = 360m² recreational gross floor area);

 (b)provide a cash-in-lieu of parkland dedication payment to the City; and

(c)provide a cash contribution to the City, over and above applicable development charges, targeted towards the area's parks and recreation facilities (Schedule "J3").

 In terms of school accommodation, both the Metropolitan Separate School Board and the North York Board of Education (now part of the Toronto District School Board) have identified accommodation pressures on their facilities, however, have not objected to the proposal. There are options available to the school boards to address the accommodation pressures including development charges and the rationalization of school catchment areas resulting from the consolidation of school boards within the Toronto area.

 Transportation and Parking Infrastructure:

 The conversion of the office building to residential has not precipitated the need for any surrounding road network improvements. Access to the site is proposed to be maintained via the lane from Rochefort Drive, as shown on Schedule "C". The applicant enjoys a right-of-way agreement over the IF Lane to the site (Schedule "M").

 In terms of parking supply, the applicant has recently submitted a revised plan showing a total of 270 parking spaces which are to be provided at street level and within an expanded underground parking garage. The parking supply satisfies the applicable residential zoning requirements and the building would be subject to the applicable retail-commercial parking standards should the applicant wish to accommodate those uses on the site. Details regarding the parking, loading and access requirements will be reviewed in detail as part of the site plan approval process.

 Sewer and Water Infrastructure:

 The site has access to an adequate supply of sewer and water services, as confirmed by the engineering review (Schedule "K").

 Built Form, Density and On-Site Open Space:

 Given the existing built condition of the site, the existing building and density should be recognized as part of the implementing zoning by-law. Opportunities will be investigated through the site plan review process to incorporate and optimize appropriate on-site outdoor open space areas.

 Affordable Housing:

 Consistent with the City's housing policies, the amending zoning by-law will ensure that 25 percent of the residential dwelling units meet the affordable housing size parameters of 70m² for a one bedroom unit, 80m² for a two bedroom unit and 120m² for a three bedroom unit.

 Site Conditions:

 An environmental site assessment has been submitted for review to confirm the suitability of the site conditions for the residential land use. The assessment suggests that the residential land use is appropriate. This conclusion must be verified by the submission of a record of site condition which is encouraged to be submitted at the earliest opportunity and prior to final site plan approval.

 Conclusions:

 The proposal to convert the office building into residential is appropriate and represents an opportunity to enhance the mix of uses and housing types in a manner that builds upon the long term mixed land use strategy for the area.

 Contact Name:

 Franco Romano, Senior Planner

Phone: 395-7119Fax: 395-7155

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 A staff presentation was made by Franco Romano, Senior Planner, Planning Department, North York Civic Centre.

 The North York Community Council also reports having had before it a written brief dated June 24, 1998 from Richard Crawford, The Independent Order of Foresters, outlining their concerns with the application.

 The following persons appeared before the North York Community Council in connection with the foregoing matter:

 -Mr. M. H. Chusid, Solicitor, on behalf of the applicant, T.W.S. Developments Limited, who commented on the merits of application. He also indicated that the applicant concurred with the staff recommendations with the exception of Recommendation (1) (v). He requested that the one bedroom units be 71m² rather than 70m² because the building is existing and it is difficult to change the configuration. In addition he suggested the imposition of a further condition which would address the concerns expressed by the adjacent property owner, The Independent Order of Foresters; and

 -Mr. Richard Crawford, Assistant Vice-President, on behalf of The Independent Order of Foresters, who outlined their concerns with the application. Their primary concerns were with respect to ingress and egress to the 797 Don Mills property via the I0F Laneway; the maintenance of the roadway once the unit holders in the proposed building have taken residence; the shared podium between the building and the future maintenance and up-keep of the podium; and the underground passway between the IOF's and proponent's building and the impact this passage may have for the future, given the projected change in land use.

 Mr. Crawford also clarified that while the IOF and the proponent have held meetings to discuss these main site specific issues, resolution has not yet been finalized. In order to ensure that all these site specific matters are resolved to the mutual satisfaction of the applicant and themselves, site plan approval should be obtained prior to the enactment of the zoning by-law.

 (A copy of the schedules, draft official plan amendment and draft zoning by-law amendment referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)