STAFF REPORT. December 20, North District Community Council. Director of Community Planning - North

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1 STAFF REPORT December 20, 2004 To: From: Subject: North District Community Council Director of Community Planning - North Preliminary Report Respecting Revised Application OPA & Rezoning Application NMI 25 OZ (Previously TD CMB ) Applicant: The Cadillac Fairview Corporation Architect: Giannone Associates Architects Inc. 939 Lawrence Avenue East Don Mills Centre Ward 25 - Don Valley West Purpose: To provide preliminary information on a revised proposal submitted by the Cadillac Fairview Corporation concerning the above-noted applications and to seek Community Council's directions on further processing of the applications and on the community consultation process. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that: (1) staff be directed to schedule a community consultation meeting together with the Ward Councillor and adjacent Ward Councillor. (2) notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

2 2 (3) notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act. Background: In December 2001, Cadillac Fairview Corporation Limited, the owner of the mall, submitted an application to the City to redevelop Don Mills Centre to facilitate a phased buildout of the Don Mills Centre in order to create a new mixed-use centre. The proposal contemplated internal and external renovations to the enclosed mall; the expansion of retail, service and entertainment space; the relocation and reconstruction of a new Don Mills Civitan Arena; hotel space; additional office space and five condominium apartment buildings. The retail concept combined a traditional enclosed mall with open-air urban street style environment. The application required an amendment to the Official Plan and Zoning By-law to permit the heights of the five apartment buildings and to allow the proposed mix of uses. The application did not progress beyond the Preliminary Staff Report (Clause No. 23, Report No. 1) adopted by City Council at its meeting held on February 13, 14 and 15, 2002 and the Cityhosted Community Consultation Meeting subsequently held on June 6, The Preliminary Report identified a number of issues to be resolved with respect to the proposed redevelopment, including the proposed relocation of the arena, traffic impacts and heights in excess of the zoning permissions. Since that time, Cadillac Fairview has teamed with FRAM Building Group and Slokker Canada, a residential builder, in a joint venture, and have submitted a revised application to redevelop the Centre. Comments: Original Proposal The original proposal contemplated an increase in gross floor area (including the arena) from 66,894m2 (720,047sq.ft) to 152,223m2 (1,638,528sq.ft.) spread out over a series of buildings and a private driveway network. The increase in gross floor area yielded a density or floor space index of 1.0. Building heights for the proposed residential buildings ranged from 9 to 16 storeys. For information purposes, the following is a general statistical breakdown of the previous proposal: Retail & Service and Restaurant/Entertainment 67,286m² (724,266 sq.ft.) 44% Office Space 14,777m² (159,059 sq.ft.) 10% Hotel (100 rooms) 5,816m² (62,603 sq.ft.) 4% New Arena 3,530m² (37,996 sq.ft.) 2% Residential (623 units) 60,814m² (654,602 sq.ft.) 40% Total Previous GFA 152,223m²(1,638,528 sq.ft.) 100% Previous proposed density 1.0 FSI

3 3 Current Proposal Generally, the current proposal provides a revised land use mix, site layout, higher built form and higher density than the original submission. Furthermore, the Don Mills Civitan arena no longer forms part of the application. The new scheme yields an overall density of approximately 1.6 FSI of the site (0.4 FSI for the commercial uses and 1.2 FSI for the residential uses). A hierarchy of new private roads are envisioned to provide pedestrian and vehicular circulation through the site with connections from the community. The proposal maintains essentially the same amount of commercial development that currently exists, approximately 52,600m2 (566,350 sq.ft.), of which about 40,875m2 (440,000 sq. ft.) will be retail, with the remainder comprising the existing Royal Bank office building at the corner of Don Mills Road and Lawrence Avenue East. Retail parking will be provided in below grade structures and on existing surface lots located along the Don Mills Road and Lawrence Avenue East frontages. Approximately 2,607 parking spaces will be provided for the retail and commercial and office uses on the site. The revised proposal includes 1,500 dwelling units planned in a series of mid-rise and high-rise buildings. Most of the residential units will be in residential-only buildings along The Donway West, within the south half of the site. Some of the residential units are planned in mixed use buildings that contain retail at grade surrounding a Town Square. Other residential buildings will front onto a new north-south street leading to the square, and may include retail, small office, live-work, or other commercial uses at grade. A portion of the residential units will be designed as seniors housing. The proposed residential buildings will range in height from approximately 7 and 8 storeys along The Donway West and step up to 10, 12, 14, 17 and 20 storeys toward the centre of the site. Parking for the residential units will be provided below grade. Approximately 2,655 parking spaces are provided for the residential uses. The following are pertinent statistics of the current proposal: Site Area 152,539m² (1,641,929 sq.ft.) Existing Gross Floor Area (no residential) 63,515m² (683,675 sq.ft.) Existing Density 0.40 FSI Proposed Gross Floor Area Retail & Service Commercial 40,876m² (439,989 sq.ft.) Office 9,990m² (107,532 sq.ft.) Institutional/Other 1,858m² (19,999 sq.ft.) Residential (1,500 units) 184,540m² (1,986,388 sq.ft.) TOTAL Proposed GFA 237,258m² (2,553,908 sq.ft.) Proposed Density 1.6 FSI Pertinent statistics are set out in Attachment 4, Application Data Sheet.

4 4 Site Description The Don Mills Centre comprises lands bounded by Lawrence Avenue, Don Mills Road, and The Donway West. Within this boundary, the Cadillac Fairview ownership comprises 152,223m2 (15.2ha or 37.7 acres) of site area. The Centre is developed with a 2-storey enclosed shopping mall including: a Dominion Food store; a TD Canada Trust building; a 5-storey office building (Royal Bank) at 1090 Don Mills Road; a 4-storey office building at 49 The Donway West; and until recently a Shell Canada automobile service site at 966 Don Mills Road (at the Donway). Lands within the Centre including the Postal Station building at 169 The Donway West, the 14- storey office building at 75 The Donway West and Don Mills Civitan arena. Land uses surrounding the Centre are predominantly residential. The following is a summary of the area context: East: South/West: North: Nine apartment buildings ranging from 3 ½ to 6-storeys in height; 2-storey townhouses; 4 to 6-storey apartment buildings; a 4-storey office building at 170 The Donway West; Two apartment buildings 3½ to 6-storeys; a public library. Official Plan North York Official Plan The site is identified on Map A.2 Potential Urbanization Areas as a Sub-Centre. Sub Centres are intended to serve as social, community and commercial focal points. They are identified as reurbanization areas where medium and high-density development could be accommodated. Sub-Centres are intended to be mixed-use areas combining compatible residential uses with employment uses, including commercial uses. Part C.10 Section contains specific policies for sub-centres. A wide range of residential uses is permitted including multiple unit housing and high rises. Part C.5 Section 3.0 contains additional policies for Sub-Centres, noting they are intended to be multi-use focal points for the activity of surrounding residential areas and characterized by a concentration of residential, retail and service commercial, and office uses. The Don Mills Centre is within the Residential Community of Don Mills as shown on Map C.1.2 in the North York Official Plan. The Plan designates the Don Mills Centre site as Commercial with a small portion (the arena) designated as Local Open Space (Map C.1). The Part C.5 policies of the Plan contain specific policies for commercial development. The intent of the policies is to preserve the commercial function of commercial areas while permitting complementary uses that enhance the commercial area and make efficient use of lands. Permitted uses in Commercial districts that are within a Residential Community include retail and service commercial; offices; residential on upper floors; and some institutional uses. While residential heights are limited to two storeys and the maximum density is limited to 1.0 FSI, the Official Plan supports additional residential height and additional development density

5 5 in commercial areas, provided that the proposed development meets a set of compatibility criteria found in Part C.5 Section Additional policies for the design and development of retail and service commercial uses (Part C.5 Section 2.8.0) include emphasizing the need to provide adequate pedestrian access, to complement and consolidate existing commercial development, to provide sufficient and convenient parking, and to provide setbacks and landscaping to minimize impacts on adjacent residential areas. Central Don Mills Secondary Plan The Don Mills Centre site is governed by the Central Don Mills Secondary Plan, found in Part D.7 of the Official Plan. The Secondary Plan contains policies that are area-specific and more detailed than those in the general Official Plan. The Secondary Plan sets out policies to guide land use in the area roughly bounded by Leslie Street to the west, York Mills Road to the north, the Don Valley to the east and the CP and CN Rail lines to the south. The site is designated Commercial (COM) which permits office, residential uses and retail and service commercial uses, other than hotels and motels to a maximum density of 1.0 FSI. The Secondary Plan contains specific policies addressing the Don Mills Centre (Section 4.4.0). Policy states that the area is intended to function as the commercial and community centre of the Don Mills Community. Policies in the section provide design and development application guidelines. Design guidelines include matters relating to pedestrian access, exterior building facades, parking structures, landscaping, and the provision of publicly accessible areas for indoor and outdoor activities. The plan also encourages residential uses, particularly in building forms that mix commercial and residential functions. Where residential uses develop, resident parking shall be underground. Policy of the Secondary Plan specifies that taller buildings are to be located along Don Mills Road while lower buildings are to be located along The Donway West. New Toronto Official Plan At its meeting of November 26-28, 2002, City Council adopted the new Official Plan for the City of Toronto. The Minister of Municipal Affairs and Housing approved the new plan, in part, with modifications. The Minister s decision has been has been appealed in its entirety. The Official Plan is now before the Ontario Municipal Board. No hearing date has been set. Once the Plan comes into full force and effect, it will designate the property as Mixed Use. Mixed Use Areas are to consist of a broad range of commercial, residential and institutional uses, as well as parks and open spaces. The current policies of the Central Don Mills Secondary Plan have been carried forward and incorporated into the new Official Plan.

6 6 Zoning The site is zoned C3(8) (Regional Shopping Centre) with a site specific zoning exception. The purpose of the exception is to establish a special parking ratio and establish maximum building heights. The minimum parking requirement is 1,878 spaces for a gross floor area of 63,513m² (683,675 sq.ft.). Beyond that, parking is to be provided on the basis of 1 space per 20m² of gross leasable floor area for retail and service commercial uses and 1 space per 48m² of gross floor area for business and professional offices. These parking rates are similar to both Fairview Mall and Yorkdale Shopping Centre. The by-law limits the height of buildings on the east half of the site to 8 storeys or metres above sea level, whichever is greater. Maximum height on the west half of the site is limited to and metres above sea level. Site Plan Control An application for site plan approval has not been filed. Reasons for the Application An application to amend the Official Plan and zoning by-law is required to permit the proposed density and building heights. Issues to be Resolved Subject to any additional matters that may be raised and identified through the public consultation process, the following issues will need to be addressed. The Secondary Plan and zoning by-law permits up to 8 storeys and a maximum density of 1.0 FSI. The proposal exceeds these limits. The application poses built form issues resulting from the proposed deployment of density on the site including, location and organization of the buildings, height, and amount of open space. A traffic study will need to be submitted to assess transportation and parking impacts associated with this development. Appropriate site plan and built form relationships to the street and adjacent buildings will be reviewed to achieve a safe, comfortable and attractive public realm, minimize negative impacts to nearby properties and achieve good site circulation. Design matters related to the surface parking lots, pedestrian systems, exterior façade treatments, landscape areas and the provision of publicly accessible indoor and outdoor activity areas will be examined to ensure they address Secondary Plan policies.

7 7 The Don Mills Civitan Arena is an integral part of the overall Don Mills Centre and the application will be evaluated to ensure it is appropriately integrated in the new scheme. It is the intent of the policies that the Don Mills Centre function as the commercial and community centre of the Don Mills community. The proposal will be evaluated to ensure the intent of these policies are met. The proposed development involves an increase in height and density therefore appropriate Section 37 benefits will be reviewed as part of the application. Conclusions: A community consultation meeting is to be scheduled by staff, in consultation with the Ward Councillors, where the public can comment on the revised application. A Final Report and the Public Meeting under the Planning Act to consider this application is targeted for the third quarter of 2005, provided that any additional information is provided by the applicant in a timely fashion. Contact: Steve Forrester, Senior Planner Telephone: (416) Fax: (416) Thomas C. Keefe Director, Community Planning, North District List of Attachments: Attachment 1: Site Plan Attachment 2: Zoning Attachment 3: Official Plan Attachment 4: Application Data Sheet

8 Attachment 1: Site Plan

9 Attachment 2: Official Plan Map

10 Attachment 3: Zoning (Map)

11 APPLICATION DATA SHEET Application Type OPA & Rezoning Amendment Application Number: NMI 25 OZ Details OPA & Rezoning, Standard Application Date: November 14, 2001 Municipal Address: Location Description: Project Description: 939 LAWRENCE AVE E, Toronto ON 939 LAWRENCE AVE E PART OF BLOCKS A AND D, R.P.4545 Proposed Use: Mixed use Applicant: Agent: Architect: Owner: URBAN STRATEGIES PLANNING CONTROLS GIANNONE ASSOCIATES Official Plan Designation: COM Site Specific Provision: Zoning: C3(8) Historical Status: Height Limit (m): 8 storeys Site Plan Control Area: Y PROJECT INFORMATION Site Area (sq. m): Height: Storeys: 20 Frontage (m): 505 Metres: 73 Depth (m): 208 Total Ground Floor Area (sq. m): Total Total Residential GFA (sq. m): Parking Spaces: 5262 Total Non-Residential GFA (sq. m): Loading Docks 0 Total GFA (sq. m): Lot Coverage Ratio (%): Floor Space Index: 1.6 DWELLING UNITS FLOOR AREA BREAKDOWN CADILLAC FAIRVIEW CORPORATION LTD Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): Bachelor: 0 Retail GFA (sq. m): Bedroom: 0 Office GFA (sq. m): Bedroom: 0 Industrial GFA (sq. m): Bedroom: 0 Institutional/Other GFA (sq. m): Total Units: 1500 CONTACT: PLANNER NAME: Steve Forrester, Senior Planner TELEPHONE: (416)

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