CITY CLERK. (City Council on April 14, 15 and 16, 2003, adopted this Clause, without amendment.)

Transcription

1 CITY CLERK Clause embodied in Report No. 3 of the, as adopted by the Council of the City of Toronto at its meeting held on April 14, 15 and 16, Final Report Combined Application TF CMB Joseph Kastelic and Frank Markez 60 Fairfax Crescent Golden Mile Employment District (Ward 35 - Scarborough Southwest) (City Council on April 14, 15 and 16, 2003, adopted this Clause, without amendment.) The, at its meeting held on April 1, 2003, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 25, 2003, from the Acting Director of Community Planning, East District, recommends that the report of the Acting Director of Community Planning, East District, be adopted. The reports having held a statutory public meeting on April 1, 2003, and that notice was given in accordance with the Planning Act. The submits the following report (February 25, 2003) from the Director of Community Planning, East District: Purpose: This report reviews and recommends approval of an application to amend the Official Plan and the Zoning By-law for a 131 unit condominium apartment building of six and seven storeys at 60 Fairfax Crescent. Financial Implications and Impact Statement: FAIRFAX CRESCENT WARDEN AVENUE UPTON ROAD There are no financial implications resulting from the adoption of this report. MONASTERY LANE 60 FAIRFAX CRESCENT

2 2 Recommendations: It is recommended that City Council: (1) amend the Official Plan of the former City of Scarborough substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 7; (2) amend Employment Districts Zoning By-law No (Golden Mile Employment District West), and Clairlea Community Zoning By-law No. 8978, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8; (3) amend Site Plan By-law No to designate the lands at 60 Fairfax Crescent as a Site Plan Control Area, substantially in accordance with the draft By-law attached as Attachment No. 9; (4) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment, draft Zoning By-law Amendment, and draft designating Site Plan Control Area by-law as may be required; (5) before introducing the necessary Bills to City Council for enactment, require the applicant to submit to the Director of Community Planning, East District, a Record of Site Condition acknowledged by the Ministry of the Environment, together with a letter from the Ministry indicating that no audit will be undertaken, or if an audit is conducted by the Ministry, require the applicant to submit a letter from the Ministry advising that the Record of Site Condition has passed the audit; (6) before the necessary zoning Bill is introduced to City Council for enactment, require the Owner to enter into a Section 37 agreement to secure that the Owner will make a cash contribution to the City, over and above any contributions made pursuant to Section 42 of the Planning Act, in the amount of $56,000, for parks improvements to Clairlea Park to the satisfaction of the Commissioner of Economic Development, Culture and Tourism in consultation with the local Councillor, to be paid to the City prior to the issuance of the first building permit; and (7) request the Minister of Municipal Affairs and Housing to modify Land Use Maps 12 and 16 of the Toronto Official Plan by redesignating the subject lands from Employment Areas to Apartment Neighbourhoods, by deleting the Employment District designation from the site on Map 2, Urban Structure, and by deleting Area Specific Policy 129 as it applies to the site; and if a decision from the Province is issued prior to the Council s adoption of this report, that Council authorize any needed amendments to the Toronto Official Plan adopted on November 28, 2002.

3 3 Background: Proposal: The applicant is proposing to amend the Official Plan and Zoning By-law to permit the development of the property with a 6-7 storey condominium apartment building with 131 units. The proposed site density is approximately 162 units per hectare (65.5 units per acre). The proposed apartments would include 1 bedroom to 2 bedroom plus den units. The building includes 310 square metres of indoor amenity area consisting of a recreation room and lounge. Parking would be provided at a rate of 1.25 spaces per dwelling unit (131 underground and 33 surface parking spaces for residents and visitors). Additional project information is provided in the Application Data Sheet (Attachment 6). Site History: The site was occupied for approximately 35 years by a meat processing plant that ceased operation in In 1996, the owner applied for Official Plan and Zoning By-law amendments to permit 207 residential units on the site, but withdrew the applications. The owner was unable to secure a new industrial tenant and demolished the original building of 2,322 square metres (25,000 square feet) in Site and Surrounding Area: The property is located on the north side of Fairfax Crescent, west of Warden Avenue, and is currently vacant. The site is rectangular in shape and is approximately 8,102 square metres (2 acres) in area. Nearby uses include: North: South: East: West: Golden Mile Employment District industrial uses; Lasalle Manor retirement residence, single detached houses on Monastery Lane, townhouses, Providence Centre; service station/car wash, automotive, service and industrial uses; and Toronto Association for Community Living training facility for developmentally challenged adults, W.A. Porter Collegiate high school, single detached houses. Scarborough Official Plan: The lands at 60 Fairfax Crescent are currently designated General Industrial Uses with High Performance Standards. This designation does not permit residential uses. A numbered policy in the Golden Mile Employment District Secondary Plan includes this site within a larger permission for Special District Commercial Uses intended to promote and maintain diverse employment and economic opportunities with the Golden Mile.

4 4 Toronto Official Plan: In the Toronto Official Plan, adopted by City Council in November 2002, the property is located within an Employment District on Map 2, Urban Structure, which depicts the principal structural elements of the City. The Official Plan policies stress the importance of protecting the Employment Districts from encroachment of non-economic activities. The site is designated as Employment Area on the Land Use Plan. This designation is intended for business and economic activities, and uses that support the prime economic function such as offices and restaurants. Uses that detract from the economic function are not permitted to locate in Employment Areas. Area Specific Policy 129, which includes this site, permits retail and service uses, including stand-alone stores and/or power centres and use of the holding provisions of the Plan with respect to new or additional commercial zoning permissions. The Implementation Policies provide that zoning by-laws may be passed pursuant to Section 37 of the Planning Act for increases in height or density, in return for community benefits including capital facilities or cash contributions toward specific facilities, for developments which exceed a gross floor area of 10,000 square metres with a density increase of 1,500 square metres or a significant increase in building height. Zoning By-law (Employment Districts Zoning By-law 24982): The portion of the site fronting Fairfax Crescent is zoned Industrial (M), permitting day nurseries, educational and training facilities, industrial uses, offices excluding medical and dental, places of worship and recreational uses. The rear of the site is zoned General Industrial (MG), permitting the same uses as well as open storage. These zones do not permit residential uses. Reasons for Application: The owner of 60 Fairfax Crescent is seeking a residential permission as the property has not proven viable for continued industrial use for approximately 10 years. In order to permit the proposed residential use, the lands would have to be redesignated to High Density Residential (RH), and rezoned to Apartment Residential (A). Community Consultation: On May 21-23, 2002, City Council directed staff to schedule a community consultation meeting concerning the application, with an expanded notice area. The Community Consultation Meeting, attended by approximately 45 people, was held on September 26, The concerns and issues raised at the meeting, and in written submissions, included: - price and quality of the proposed units;

5 5 - increased traffic on Fairfax Crescent; back-ups due to the existing alignment of the street; conflicts with students walking to the high school; the possibility of using traffic calming measures; - adequate parking for the development; and - potential redevelopment of neighbouring properties and of lands to the south, adding to area traffic. A second Community Consultation Meeting was held on January 27, 2003, attended by approximately 10 people. The applicant presented preliminary sale prices for the units. The concerns and issues raised at the meeting, and in written submissions, were similar to those expressed at the first meeting and included: - existing traffic from W.A. Porter Collegiate Institute; - a need to adjust the signal timing at the intersection of Fairfax Crescent and Warden Avenue and provide separate turning lanes to address existing delays; some residents felt that this project would not have a significant impact on traffic volumes; and - a suggestion that the prohibition on left turns at Monastery Lane be eliminated to reduce eastbound traffic on Fairfax Crescent. Agency Circulation: The application was circulated to all appropriate agencies and City Departments. Responses received have been used to assist in evaluating the application and to formulate appropriate by-law standards. Comments: Warden Centre: There are a number of properties in the area to the south, focussed on the Warden Subway Station, and known as the Warden Centre, that have potential for redevelopment including the Warden Woods Mall, the TTC parking lot, Pilkington Glass, Beckers, and Centennial College Warden Woods Campus. Redevelopment pressures in that area may eventually result in a Council decision directing staff to undertake an area land use study. Given that 60 Fairfax Crescent is of limited size, does not front on Warden Avenue, and is not immediately adjacent to the Warden Subway Station, this application can be allowed to proceed independently of any future land use review of the Warden Centre. Conversion to Residential Use: The site is a remnant industrial property no longer used for that purpose. The site directly abuts the Clairlea Community on the south side of Fairfax Crescent, which has seen the conversion of institutional lands, previously part of Providence Centre, to single detached dwellings and

6 6 townhouses. These residential areas are designated Institutional-Ecclesiastical in the Scarborough Official Plan, and Neighbourhoods in the Toronto Official Plan. Economic Development advises that it does not view the parcel at 60 Fairfax Crescent as strategically important to the City s economic development strategy and therefore has no concerns with its conversion to residential uses. The applicant s proposal represents an opportunity to add to the mix of housing available in the local community, providing an additional option for seniors and empty nesters to live in the same area as their housing needs change over time. A Draft Official Plan Amendment is recommended to delete 60 Fairfax Crescent from the Golden Mile Employment District and include the site in the Clairlea Community, at a maximum density of 162 units per hectare. Proposed zoning standards, including maximums of 131 units and 7 storeys, are included in the Draft Zoning By-law Amendment. Approval of this application will require an amendment to the Scarborough Official Plan to redesignate the lands from General Industrial to High Density Residential. This amendment should be followed by modifications to the Toronto Official Plan to redesignate the site from Employment Areas to Apartment Neighbourhoods on the Land Use Maps, and to delete the site from the Employment District designation on the Urban Structure Map. Preliminary discussions with staff took place in January 2002, and the application was submitted in March 2002 under the existing Scarborough Official Plan, prior to the adoption of the Toronto Official Plan. As the application was submitted during the transition to the new Toronto Official Plan, the conversion of this site to non-economic activities is not a precedent for the redesignation of other Employment Districts. School Capacity: The Toronto District School Board indicates that there is currently sufficient space at Clairlea Public School and W.A. Porter Collegiate Institute to accommodate students anticipated from the development. Traffic Impact: Works and Emergency Services has reviewed the Traffic Impact Study submitted by the applicant and advises that to accommodate the development traffic, the existing traffic signal timings at the Warden Avenue/Fairfax Crescent intersection will require optimization. Environmental Issues: The applicant has submitted a preliminary subsurface investigation report, prepared in Works and Emergency Services advises that the applicant must have a qualified consultant prepare a soil contamination report, which is required when land use changes from commercial/industrial to residential, to satisfy the Ministry of Environment s 1997 Guidelines for Use at Contaminated Sites in Ontario (Residential/Parkland criteria). This should also include an assessment of possible environmental impacts involving adjacent properties.

7 7 The applicant must provide a Record of Site Condition to the City, acknowledged by the Ministry of the Environment, indicating that the site has been remediated to current residential standards together with a letter from the Ministry indicating no audit will be undertaken, or if an audit is conducted, a letter from the Ministry advising that the Record of Site Condition has passed the audit. This should be done before the Official Plan and Zoning By-law Amendments are enacted, to establish that the site is environmentally acceptable for residential use. The applicant has submitted a Noise Impact Study that examined noise from traffic and surrounding uses. A central air conditioning system is proposed for the building, and the units can be fitted with double glazed windows to satisfy the Ministry of Environment s guidelines for traffic noise. A warning clause should be inserted into the Agreement and Purchase of Sale for all units along the north, east and south facades. These matters will be addressed at the site plan approval stage. Section 37 Community Benefit: The new Toronto Official Plan would allow a Section 37 requirement to be applied to this proposal. The project has a gross floor area of 15,543 square metres and a density increase exceeding 1,500 square metres, as the current zoning permits a maximum gross floor area of 0.75 times the lot area (approximately 6,076 square metres). Accordingly, in advance of the new Toronto Official Plan coming into force, the recommended Draft Official Plan Amendment adds a Section 37 policy to the existing Clairlea Community Secondary Plan. The Owner has agreed to make a Section 37 cash contribution to the City, over and above any contributions made pursuant to Section 42 of the Planning Act, in the amount of $56,000 for parks improvements to Clairlea Park, including upgrading the existing play structure and improving lighting. Site Plan Control: Unlike abutting lands, 60 Fairfax Crescent is not currently designated as a Site Plan Control Area in the Golden Mile Employment District, and a Site Plan Control application has not been submitted. The property should be designated as a Site Plan Control Area. Issues such as building location and landscaping details can be addressed through the site plan review process. Conclusions: The proposal for 60 Fairfax Crescent represents an opportunity to replace an obsolete industrial use with a residential development that will extend and blend compatibly with the existing community to the south and take advantage of existing public transit and community facilities, without adversely affecting the abutting employment uses. Contact: Ruth Lambe, Senior Planner Telephone No. (416) ; Fax No. (416) ; rlambe@toronto.ca

8 8 (The attachments referred to in the foregoing report were included in the Agenda for the meeting held on April 1, 2003, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.) The following persons appeared before the Community Council in connection with the foregoing matter: - Guido E. Laikve, Architect, representing the owner/applicant; - Toivo Rukholm, Transportation Planner; and - Audrey Mancini, area resident. Authority: Report No. ~, Clause No. ~, as adopted by City of Toronto Council on ~, Enacted by Council: ~, 2003 CITY OF TORONTO BY-LAW No. ~-2003 To adopt Amendment No of the Official Plan for the former City of Scarborough. ATTACHMENT 7 WHEREAS authority is given to Council by the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; and whereas Council has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. Amendment No to the Official Plan of the former City of Scarborough, consisting of the attached text and maps designated as Schedule I and II is hereby adopted. ENACTED AND PASSED this ~ day of ~, A.D., CASE OOTES, Deputy Mayor ULLI S. WATKISS City Clerk (Corporate Seal)

9 9 AMENDMENT NO TO THE OFFICIAL PLAN OF THE FORMER CITY OF SCARBOROUGH 60 FAIRFAX CRESCENT The following Text and Maps, designated as Schedule "I" and Schedule II, constitute Amendment No to the Official Plan for the former City of Scarborough (being an amendment to the provisions of the Scarborough Official Plan, Secondary Plan for the Golden Mile Employment District Secondary Plan and the Clairlea Community Secondary Plan). The sections headed "Purpose and Location" and "Basis" are explanatory only, and shall not constitute part of this amendment. PURPOSE AND LOCATION: This amendment affects lands at 60 Fairfax Crescent. This amendment redesignates the lands from General Industrial Uses High Performance Standards to High Density Residential (RH). The lands are removed from the Golden Mile Employment District and added to the Clairlea Community with a new Numbered Policy. BASIS: The amendment permits an apartment building at 60 Fairfax Crescent. OFFICIAL PLAN AMENDMENT: 1. The Golden Mile Employment District Secondary Plan, Figure 4.39, is amended to delete the lands at 60 Fairfax Crescent, as shown on Schedule I. 2. The Clairlea Community Secondary Plan, Figure 4.9, is amended to add the lands at 60 Fairfax Crescent, designated as High Density Residential (RH) to the Clairlea Community, with a new Numbered Policy 5, as shown on Schedule II. 3. The Clairlea Community Secondary Plan, Section 4.9.3, Numbered Policies, is amended by introducing a new Numbered Policy 5 as follows: 5. North Side of Fairfax Crescent, West of Warden Avenue 1. The High Density Residential designation permits development to a maximum residential density of 162 units per hectare. 2. Amendments to the Zoning By-law to increase the height or density of development may require the provision of facilities, services or matters to improve the landscaping, transportation and pedestrian facilities, public utilities and/or community facilities and services available to the area, pursuant to Section 37 of the Planning Act, R.S.O

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12 12 ATTACHMENT 8 Authority: Report No. ~, Clause No. ~, as adopted by City of Toronto Council on ~, 2003 Enacted by Council: ~, 2003 CITY OF TORONTO BY-LAW No. ~-2003 To amend Employment Districts Zoning By-Law No , (Golden Mile Employment District - West) as amended, of the former City of Scarborough, with respect to the lands municipally known as 60 Fairfax Crescent and To amend the Clairlea Community Zoning By-law No. 8978, as amended, of the former City of Scarborough, with respect to lands municipally known as 60 Fairfax Crescent. WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; Therefore, the Council of the City of Toronto enacts as follows: 1. Amendments to By-law No , the Employment Districts Zoning By-law: 1.1 The provisions of By-law shall not apply to the lands shown on the attached Schedule Amendments to By-law No. 8978, the Clairlea Community Zoning By-law: 2.1 Schedule A is amended by adding the lands shown on the attached Schedule 1 together with the following letters and numerials: A Schedule B, PERFORMANCE STANDARDS CHART, is amended by adding the following Performance Standards: SIDE YARD 56. Minimum 6 m west side yard setback and 10 m east side yard setback.

13 13 MISCELLANEOUS 105. Maximum 131 dwelling units Maximum 7 storeys (excluding mechanical and stairwell penthouses) and 21 m building height. ENACTED AND PASSED this ~ day of ~, A.D CASE OOTES, Deputy Mayor ULLI S. WATKISS, City Clerk (Corporate Seal)

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15 15 Authority: Report No. ~, Clause No. ~ as adopted by City of Toronto Council on ~, 2003 Enacted by Council: ~, 2003 CITY OF TORONTO BY-LAW No. ~2003 ATTACHMENT 9 To amend By-law No , as amended, of the former City of Scarborough (Clairlea Community), to designate a Site Plan Control Area, with respect to lands municipally known as 60 Fairfax Crescent. WHEREAS authority is given to Council by Section 41 of the Planning Act, R.S.O. 1990, c.p. 13, as amended, to designate the whole or any part of the area covered by an Official Plan as a Site Plan Control Area; The Council of the City of Toronto HEREBY ENACTS as follows: 1. By-law No is amended by designating the land shown outlined by a heavy black line on Schedule '1' of this By-law as a Site Plan Control Area. ENACTED AND PASSED this ~ day of ~, A.D CASE OOTES, Deputy Mayor ULLI S. WATKISS, City Clerk (Corporate Seal)

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