city clerk · 2003-05-07 · city clerk clause embodied in report no. 3 of the scarborough...

CITY CLERK

Clause embodied in Report No. 3 of the Scarborough Community Council, as adopted bythe Council of the City of Toronto at its meeting held on April 14, 15 and 16, 2003.

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Final ReportCombined Application TF CMB 2002 0004

Joseph Kastelic and Frank Markez60 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 Scarborough Community Council, at its meeting held on April 1, 2003, afterconsidering the deputations and based on the finding of fact, conclusions andrecommendations contained in the report, dated February 25, 2003, from the ActingDirector of Community Planning, East District, recommends that the report of the ActingDirector of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on April 1,2003, and that notice was given in accordance with the Planning Act.

The Scarborough Community Council submits the following report (February 25, 2003)from the Director of Community Planning, East District:

Purpose:

This report reviews and recommends approval ofan application to amend the Official Plan and theZoning By-law for a 131 unit condominiumapartment building of six and seven storeys at 60Fairfax Crescent.

Financial Implications and Impact Statement :

There are no financial implications resulting fromthe adoption of this report.

UPTON ROAD

FAIRFAX CRESCENT

MONASTERY LANE

WAR

DEN

AVEN

UE

60 FAIRFAX CRESCENT

Toronto City Council Scarborough Community CouncilApril 14, 15 and 16, 2003 Report No. 3, Clause No. 16

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Recommendations :

It is recommended that City Council:

(1) amend the Official Plan of the former City of Scarborough substantially in accordancewith the draft Official Plan Amendment attached as Attachment No. 7;

(2) amend Employment Districts Zoning By-law No. 24982 (Golden Mile EmploymentDistrict – West), and Clairlea Community Zoning By-law No. 8978, substantially inaccordance with the draft Zoning By-law Amendment attached as Attachment No. 8;

(3) amend Site Plan By-law No. 21319 to designate the lands at 60 Fairfax Crescent as a SitePlan Control Area, substantially in accordance with the draft By-law attached asAttachment No. 9;

(4) authorize the City Solicitor to make such stylistic and technical changes to the draftOfficial Plan Amendment, draft Zoning By-law Amendment, and draft designating SitePlan Control Area by-law as may be required;

(5) before introducing the necessary Bills to City Council for enactment, require theapplicant to submit to the Director of Community Planning, East District, a Record ofSite Condition acknowledged by the Ministry of the Environment, together with a letterfrom the Ministry indicating that no audit will be undertaken, or if an audit is conductedby the Ministry, require the applicant to submit a letter from the Ministry advising thatthe Record of Site Condition has passed the audit;

(6) before the necessary zoning Bill is introduced to City Council for enactment, require theOwner to enter into a Section 37 agreement to secure that the Owner will make a cashcontribution to the City, over and above any contributions made pursuant to Section 42 ofthe Planning Act, in the amount of $56,000, for parks improvements to Clairlea Park tothe satisfaction of the Commissioner of Economic Development, Culture and Tourism inconsultation with the local Councillor, to be paid to the City prior to the issuance of thefirst building permit; and

(7) request the Minister of Municipal Affairs and Housing to modify Land Use Maps 12 and16 of the Toronto Official Plan by redesignating the subject lands from EmploymentAreas to Apartment Neighbourhoods, by deleting the Employment District designationfrom the site on Map 2, Urban Structure, and by deleting Area Specific Policy 129 as itapplies to the site; and if a decision from the Province is issued prior to the Council’sadoption of this report, that Council authorize any needed amendments to the TorontoOfficial Plan adopted on November 28, 2002.


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Background:

Proposal:

The applicant is proposing to amend the Official Plan and Zoning By-law to permit thedevelopment 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 buildingincludes 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 33surface parking spaces for residents and visitors). Additional project information is provided inthe Application Data Sheet (Attachment 6).

Site History:

The site was occupied for approximately 35 years by a meat processing plant that ceasedoperation in 1992. In 1996, the owner applied for Official Plan and Zoning By-law amendmentsto permit 207 residential units on the site, but withdrew the applications. The owner was unableto secure a new industrial tenant and demolished the original building of 2,322 square metres(25,000 square feet) in 2001.

Site and Surrounding Area:

The property is located on the north side of Fairfax Crescent, west of Warden Avenue, and iscurrently vacant. The site is rectangular in shape and is approximately 8,102 square metres(2 acres) in area.

Nearby uses include:

North: Golden Mile Employment District industrial uses;

South: Lasalle Manor retirement residence, single detached houses on Monastery Lane,townhouses, Providence Centre;

East: service station/car wash, automotive, service and industrial uses; and

West: Toronto Association for Community Living training facility for developmentallychallenged 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 HighPerformance Standards. This designation does not permit residential uses. A numbered policy inthe Golden Mile Employment District Secondary Plan includes this site within a largerpermission for Special District Commercial Uses intended to promote and maintain diverseemployment and economic opportunities with the Golden Mile.


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Toronto Official Plan:

In the Toronto Official Plan, adopted by City Council in November 2002, the property is locatedwithin an Employment District on Map 2, Urban Structure, which depicts the principal structuralelements of the City. The Official Plan policies stress the importance of protecting theEmployment Districts from encroachment of non-economic activities.

The site is designated as Employment Area on the Land Use Plan. This designation is intendedfor business and economic activities, and uses that support the prime economic function such asoffices and restaurants. Uses that detract from the economic function are not permitted to locatein Employment Areas.

Area Specific Policy 129, which includes this site, permits retail and service uses, includingstand-alone stores and/or “power centres” and use of the holding provisions of the Plan withrespect to new or additional commercial zoning permissions.

The Implementation Policies provide that zoning by-laws may be passed pursuant to Section 37of the Planning Act for increases in height or density, in return for community benefits includingcapital facilities or cash contributions toward specific facilities, for developments which exceed agross floor area of 10,000 square metres with a density increase of 1,500 square metres or asignificant 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 daynurseries, educational and training facilities, industrial uses, offices excluding medical anddental, 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 residentialuses.

Reasons for Application:

The owner of 60 Fairfax Crescent is seeking a residential permission as the property has notproven viable for continued industrial use for approximately 10 years. In order to permit theproposed 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 meetingconcerning the application, with an expanded notice area.

The Community Consultation Meeting, attended by approximately 45 people, was held onSeptember 26, 2002. The concerns and issues raised at the meeting, and in written submissions,included:

- price and quality of the proposed units;


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- 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 calmingmeasures;

- adequate parking for the development; and

- potential redevelopment of neighbouring properties and of lands to the south, adding toarea traffic.

A second Community Consultation Meeting was held on January 27, 2003, attended byapproximately 10 people. The applicant presented preliminary sale prices for the units. Theconcerns and issues raised at the meeting, and in written submissions, were similar to thoseexpressed 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 WardenAvenue and provide separate turning lanes to address existing delays; some residents feltthat 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 reduceeastbound traffic on Fairfax Crescent.

Agency Circulation:

The application was circulated to all appropriate agencies and City Departments. Responsesreceived have been used to assist in evaluating the application and to formulate appropriateby-law standards.

Comments:

Warden Centre:

There are a number of properties in the area to the south, focussed on the Warden SubwayStation, and known as the “Warden Centre”, that have potential for redevelopment including theWarden Woods Mall, the TTC parking lot, Pilkington Glass, Beckers, and Centennial CollegeWarden Woods Campus. Redevelopment pressures in that area may eventually result in aCouncil decision directing staff to undertake an area land use study. Given that 60 FairfaxCrescent is of limited size, does not front on Warden Avenue, and is not immediately adjacent tothe Warden Subway Station, this application can be allowed to proceed independently of anyfuture 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 abutsthe Clairlea Community on the south side of Fairfax Crescent, which has seen the conversion ofinstitutional lands, previously part of Providence Centre, to single detached dwellings and


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townhouses. These residential areas are designated Institutional-Ecclesiastical in theScarborough Official Plan, and Neighbourhoods in the Toronto Official Plan.

Economic Development advises that it does not view the parcel at 60 Fairfax Crescent asstrategically important to the City’s economic development strategy and therefore has noconcerns with its conversion to residential uses.

The applicant’s proposal represents an opportunity to add to the mix of housing available in thelocal community, providing an additional option for seniors and “empty nesters” to live in thesame area as their housing needs change over time.

A Draft Official Plan Amendment is recommended to delete 60 Fairfax Crescent from theGolden Mile Employment District and include the site in the Clairlea Community, at a maximumdensity of 162 units per hectare. Proposed zoning standards, including maximums of 131 unitsand 7 storeys, are included in the Draft Zoning By-law Amendment.

Approval of this application will require an amendment to the Scarborough Official Plan toredesignate the lands from General Industrial to High Density Residential. This amendmentshould be followed by modifications to the Toronto Official Plan to redesignate the site fromEmployment Areas to Apartment Neighbourhoods on the Land Use Maps, and to delete the sitefrom the Employment District designation on the Urban Structure Map. Preliminary discussionswith staff took place in January 2002, and the application was submitted in March 2002 underthe existing Scarborough Official Plan, prior to the adoption of the Toronto Official Plan. As theapplication was submitted during the transition to the new Toronto Official Plan, the conversionof this site to non-economic activities is not a precedent for the redesignation of otherEmployment Districts.

School Capacity:

The Toronto District School Board indicates that there is currently sufficient space at ClairleaPublic School and W.A. Porter Collegiate Institute to accommodate students anticipated from thedevelopment.

Traffic Impact:

Works and Emergency Services has reviewed the Traffic Impact Study submitted by theapplicant and advises that to accommodate the development traffic, the existing traffic signaltimings at the Warden Avenue/Fairfax Crescent intersection will require optimization.

Environmental Issues:

The applicant has submitted a preliminary subsurface investigation report, prepared in 1993.Works and Emergency Services advises that the applicant must have a qualified consultantprepare a soil contamination report, which is required when land use changes fromcommercial/industrial to residential, to satisfy the Ministry of Environment’s 1997 “Guidelinesfor Use at Contaminated Sites in Ontario (Residential/Parkland criteria)”. This should alsoinclude an assessment of possible environmental impacts involving adjacent properties.


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The applicant must provide a Record of Site Condition to the City, acknowledged by theMinistry of the Environment, indicating that the site has been remediated to current residentialstandards together with a letter from the Ministry indicating no audit will be undertaken, or if anaudit is conducted, a letter from the Ministry advising that the Record of Site Condition haspassed the audit. This should be done before the Official Plan and Zoning By-law Amendmentsare 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 andsurrounding uses. A central air conditioning system is proposed for the building, and the unitscan be fitted with double glazed windows to satisfy the Ministry of Environment’s guidelines fortraffic noise. A warning clause should be inserted into the Agreement and Purchase of Sale forall units along the north, east and south facades. These matters will be addressed at the site planapproval stage.

Section 37 Community Benefit:

The new Toronto Official Plan would allow a Section 37 requirement to be applied to thisproposal. The project has a gross floor area of 15,543 square metres and a density increaseexceeding 1,500 square metres, as the current zoning permits a maximum gross floor area of 0.75times the lot area (approximately 6,076 square metres). Accordingly, in advance of the newToronto Official Plan coming into force, the recommended Draft Official Plan Amendment addsa 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 anycontributions made pursuant to Section 42 of the Planning Act, in the amount of $56,000 forparks improvements to Clairlea Park, including upgrading the existing play structure andimproving lighting.

Site Plan Control:

Unlike abutting lands, 60 Fairfax Crescent is not currently designated as a Site Plan Control Areain the Golden Mile Employment District, and a Site Plan Control application has not beensubmitted. The property should be designated as a Site Plan Control Area. Issues such asbuilding 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 industrialuse with a residential development that will extend and blend compatibly with the existingcommunity to the south and take advantage of existing public transit and community facilities,without adversely affecting the abutting employment uses.

Contact:

Ruth Lambe, Senior PlannerTelephone No. (416) 396-7037; Fax No. (416) 396-4265; E-mail: [email protected]


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(The attachments referred to in the foregoing report were included in the Agenda for theScarborough Community Council meeting held on April 1, 2003, and a copy thereof is on file inthe Office of the City Clerk, Scarborough Civic Centre.)

_________

The following persons appeared before the Community Council in connection with the foregoingmatter:

- Guido E. Laikve, Architect, representing the owner/applicant;- Toivo Rukholm, Transportation Planner; and- Audrey Mancini, area resident.

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ATTACHMENT 7

Authority: Scarborough Community Council 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 adopt Amendment No. 1097 of the Official Plan for the formerCity of Scarborough.

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 thepublic 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. 1097 to the Official Plan of the former City of Scarborough, consistingof the attached text and maps designated as Schedule “I” and “II” is hereby adopted.

ENACTED AND PASSED this ~ day of ~, A.D., 2003.

CASE OOTES, ULLI S. WATKISSDeputy Mayor City Clerk

(Corporate Seal)

_________


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AMENDMENT NO. 1097 TO THE OFFICIAL PLANOF THE FORMER CITY OF SCARBOROUGH

60 FAIRFAX CRESCENT______________________________________________________________________________

The following Text and Maps, designated as Schedule "I" and Schedule “II”, constituteAmendment No. 1097 to the Official Plan for the former City of Scarborough (being anamendment to the provisions of the Scarborough Official Plan, Secondary Plan for the GoldenMile Employment District Secondary Plan and the Clairlea Community Secondary Plan).

The sections headed "Purpose and Location" and "Basis" are explanatory only, and shall notconstitute 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 PerformanceStandards to High Density Residential (RH). The lands are removed from the Golden MileEmployment 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 deletethe 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 60Fairfax Crescent, designated as High Density Residential (RH) to the ClairleaCommunity, with a new Numbered Policy 5, as shown on Schedule “II”.

3. The Clairlea Community Secondary Plan, Section 4.9.3, Numbered Policies, is amendedby 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 amaximum residential density of 162 units per hectare.

2. Amendments to the Zoning By-law to increase the height or density ofdevelopment may require the provision of facilities, services or matters toimprove the landscaping, transportation and pedestrian facilities, publicutilities and/or community facilities and services available to the area,pursuant to Section 37 of the Planning Act, R.S.O. 1990.


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ATTACHMENT 8

Authority: Scarborough Community Council Report No. ~, Clause No. ~,as adopted by City of Toronto Council on ~, 2003


CITY OF TORONTO

BY-LAW No. ~-2003

To amend Employment Districts Zoning By-Law No. 24982, (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 ofScarborough, 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 hasprovided adequate information to the public and has held at least one public meeting inaccordance with the Planning Act;

Therefore, the Council of the City of Toronto enacts as follows:

1. Amendments to By-law No. 24982, the Employment Districts Zoning By-law:

1.1 The provisions of By-law 24982 shall not apply to the lands shown on theattached Schedule “1”.

2. 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 attachedSchedule “1” together with the following letters and numerials:

A-23-56-103-104-105-131-157

2.2 Schedule “B”, PERFORMANCE STANDARDS CHART, is amendedby adding the following Performance Standards:

SIDE YARD

56. Minimum 6 m west side yard setback and 10 m east side yardsetback.


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MISCELLANEOUS

105. Maximum 131 dwelling units.

157. Maximum 7 storeys (excluding mechanical and stairwellpenthouses) and 21 m building height.

ENACTED AND PASSED this ~ day of ~, A.D. 2003.

CASE OOTES, ULLI S. WATKISS, Deputy Mayor City Clerk

(Corporate Seal)


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ATTACHMENT 9

Authority: Scarborough Community Council Report No. ~, Clause No. ~as adopted by City of Toronto Council on ~, 2003


CITY OF TORONTO

BY-LAW No. ~2003

To amend By-law No. 21319, 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 OfficialPlan as a Site Plan Control Area;

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

1. By-law No. 21319 is amended by designating the land shown outlined by a heavyblack line on Schedule '1' of this By-law as a Site Plan Control Area.

ENACTED AND PASSED this ~ day of ~, A.D. 2003.

CASE OOTES, ULLI S. WATKISS,Deputy Mayor City Clerk

(Corporate Seal)


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