CITY CLERK

Clause embodied in Report No. 8 of the Community Council, as adopted by the Council of the City of at its meeting held on November 6, 7, and 8, 2001.

10

Final Report - Application to Amend the Zoning By-law 7625 - TB ZBL 2001 0004 - The Corporation - 1800 East - - Ward 33 - Don Valley East

(City Council on November 6, 7 and 8, 2001, adopted this Clause, without amendment.)

The North York Community Council after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the report (October 2, 2001) from the Director, Community Planning, North District, Urban Development Services, and for the reasons that the proposal is an appropriate use of lands, recommends:

(1) the adoption of the following Resolution by Councillor Sutherland, Don Valley East:

“WHEREAS Cadillac Fairview has committed to providing 5,000 square feet of space for community purposes as part of the expansion of the shopping centre;

AND WHEREAS the mechanism to secure this community space is through a Section 37 Agreement by way of an Official Plan Amendment process;

THEREFORE BE IT RESOLVED THAT:

(a) the application submitted by The Cadillac Fairview Corporation regarding Zoning By-law Amendment No. TB ZBL 2001 0004 be approved;

(b) the report (October 2, 2001) from the Director, Community Planning, North District, be adopted;

(c) the City Clerk give Notice of a Statutory Public meeting for the Official Plan Amendment for January 2002 at the North York Community Council;

(d) the Director, Community Planning, North District, report back in January 2002, on the Official Plan Amendment; and

(e) the 5,000 sq. ft. turnkey community services space to be provided, be co-ordinated through the Parks and Recreation Division, Economic Development, Culture and Tourism Department; and the report Toronto City Council 2 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

from the Director, Community Planning, North District, ensure that this space be provided at no cost to the City.”

(2) That Recommendation (3) of the report (October 2, 2001) from the Director, Community Planning, North District, Urban Development Services, be amended to provide that the Section 37 Agreement referred to in the aforementioned Resolution submitted by Councillor Sutherland be incorporated as part of that recommendation;

(3) That the following additional conditions be imposed:

(a) a Parking Agreement be entered into between the Library and the Fairview Mall, which would allow library users the right-of-access from Fairview Mall Drive entrance and permit Library users to park at spaces on the Fairview Mall parking lot free of charge;

(b) the public access to the Library via the Fairview Mall Drive entrance be maintained during the construction period; and

(c) the pedestrian surface be reconstructed to enable pedestrians to walk safely and conveniently from the Library to the Fairview Mall.

(4) The Director, Community Planning, North District, when reporting back to the North York Community Council in January 2002 on the Official Plan Amendment, be directed to report, in consultation with the Commissioner of Economic Development, Culture and Tourism on whether the 5,000 sq. ft. will meet the community needs, or whether it is necessary to negotiate for additional space.

The North York Community Council reports having held a statutory public meeting on October 24, 2001, with appropriate notice given in accordance with the Planning Act and the regulations thereunder.

The North York Community Council submits the following report (October 2, 2001) from the Director, Community Planning, North District, Urban Development Services:

Purpose:

This report reviews and recommends approval of an application to amend the Zoning By-law to accommodate additional retail and office space at Fairview Mall shopping centre located at 1800 Sheppard Avenue East at Don Mills.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report. Toronto City Council 3 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

Recommendations:

It is recommended that City Council:

(1) Amend the Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10.

(2) Authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

(3) Before introducing the necessary Bills to amend the Zoning By-law to Council for enactment, the Site Plan Agreement registered on title be amended to include the conceptual site plan, the site plan goals and principles as indicated in Attachment 8, and the requirements of Transportation Services, Works & Emergency Services Department.

(4) Before introducing the necessary Bills to amend the Zoning By-law to Council for enactment, the owner shall satisfy the requirements of Technical Services, Works & Emergency Services Department.

Background:

Proposal

The applicant is proposing to amend the zoning by-law to accommodate an increase in the gross floor area on site. The proposal would increase the gross floor area from 110,154m² (1,185, 697 sq. ft.) to 188,173m² (2,025,540 sq. ft.) resulting in an F.S.I. of 1.0. The proposal comprises the following principle components:

(i) 59,890m² (644,674 sq. ft.) retail expansion on the north and south sides of the existing mall and third floor additions to the existing Sears and The Bay department stores;

(ii) 18,129m² (195,140 sq. ft.) office space in two new buildings: up to15-storeys along Sheppard Avenue and up to 10-storeys along Don Mills Road;

(iii) a new one-level parking deck north of the existing mall and an additional level above the easterly deck; Toronto City Council 4 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

(iv) converting the existing store to commercial retail uses; and,

(v) an underground pedestrian link from to the mall.

Pertinent statistics are set out in Attachment 6, “Application Data Sheet.”

Site History

On July 16, 1986 the Site Plan Committee approved a site plan application to expand the mall with new commercial space and parking decks.

On June 17, 1998 site plan approval was granted to construct the Don Mills Station as part of the Sheppard Subway initiative. The approval included a 3-level addition to the existing parking structure located at the southwest corner of the mall, next to Sears. The additional parking is utilized by commuters.

Site and Surrounding Area

The 18.8 ha (46.5 acre) site is located at the northeast corner of Sheppard Avenue East and Don Mills Road and includes most of the lands bounded by Fairview Mall Drive. The site is currently developed with a two-storey regional shopping centre with two major “anchor” tenants at its south and west ends (The Bay and Sears respectively and a former Loblaws located at the north end of the Mall which has been converted to a Sport Chek store). The total gross leasable area is approximately 81,879m² (881,365 sq.ft.) of which the two anchor stores occupy approximately 28,053m² (301,972 sq.ft.). The total existing gross floor area for the Mall is 110,154m² (1,185,726 sq.ft.). Surface and decked parking for 4,553 vehicles surround the mall.

The following is a summary of the area context:

North: 4 storey office building; public library; 14-storey building; townhouses; South: 6-storey and two 17-storey apartment buildings; West: 11-storey and 18-storey apartment building; automobile service station; East: 7-storey apartment building; Highway 404.

Official Plan

The site forms part of the Sheppard East Subway Corridor and is designated Commercial (COM) by the North York Official Plan. This designation permits office, residential uses, and retail and service commercial uses, other than hotel and motel, to a maximum density of 1.0 FSI, and up to 1.5 FSI through rezoning. This application does not require an amendment to the Official Plan.

OPA 392, adopted by Council in 1996 and approved by the Municipal Board on July 5, 2001, introduced a new secondary plan with policies to manage and direct future development in the Sheppard East Subway Corridor. It identifies key development areas including one at the Don Mills subway station. New development is to be focused in the area of the subway station. Toronto City Council 5 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

OPA 392 contains a specific area policy addressing Fairview Mall (Section 4.2.7). This policy encourages additional development on the Fairview Mall site, with efforts to relate any new development to the Don Mills/Sheppard intersection and with the Don Mills subway station, including pedestrian connections from adjacent streets and an underground pedestrian connection from the subway station. The Plan also includes Pedestrian Comfort policies to ensure that wind conditions are generally compatible with outdoor activity.

OPA 392 requires traffic certification for developments over 5,000m², including confirmation that the project will not increase local residential road traffic on local roads north of Sheppard Avenue, and identification of measures to control traffic infiltration through stable residential areas.

Zoning By-law 7625

The site is zoned C3(7) (Regional Shopping Centre) with a site specific exception on parking. The minimum parking requirement is 3,464 parking spaces for a gross floor area of 110,154.2m². Beyond that, parking is to be provided on the basis of 1 sp ace per 20m² of gross leasable floor area and 1 space per 48m² of gross floor area for business and professional offices.

Site Plan Control

A site plan approval application has not been filed.

In 1987, Cadillac Fairview Corporation entered into an agreement with the then City of North York in connection with a site plan approval at Fairview Mall. It is recommended that the site plan agreement currently on title be amended to include site plan objectives outlined in Attachment 8 and the conceptual master site plan. The purpose of the amending agreement is to illustrate the concept for the site and establish guidelines for future site plan submissions. It is further recommended that the requirements of Transportation Services, Works & Emergency Service Department outlined in Attachment 7, also be included in the amending agreement. The amending agreement will be secured prior to the enactment of the Zoning By-law Amendment.

Reasons for Application

The development as currently proposed requires site specific exceptions to: increase the lot coverage (building and parking structures) from 50% to approximately 70%; increase the height limitation to accommodate an additional parking level above the easterly deck from 11 metres to 15 metres; and parking.

Community Consultation

The applicant’s proposal was presented to the community at a Community Consultation meeting held on June 12, 2001 and was attended by Councillor Sutherland, Councillor Sutherland’s Executive Assistant, City Planning staff and City Transportation Services staff, the applicant and his solicitor, architect and transportation consultant, and approximately 38 members of the public. The following concerns and comments were raised: Toronto City Council 6 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

- the current and proposed undersupply of parking. During peak shopping periods of the year, off-site parking occurs along the surrounding residential streets and within the parking lots of surrounding apartment buildings;

- transit commuters will be attracted to the site thus putting further pressure on the parking supply;

- general concern regarding traffic congestion in the area;

- current traffic restrictions and prohibitions at the Sheppard Avenue East/Forest Manor Road/Mall entrance are not being observed;

- the proposed vehicular access to the mall from the residential community south of Sheppard Avenue is not direct and may conflict with transit vehicles;

- traffic calming measures were suggested at the Don Mills Road/Fairview Mall Drive intersection to provide a safer environment for pedestrians;

- disappointment that the large food store vacated the mall and were hopeful another food store could take its place;

- proposal would not benefit the surrounding residential community;

- urban design concerns relating to the design of the parking structure and the need to accommodate landscaping and streetscaping opportunities;

- the expansion would encourage owners of other commercial properties in the area to expand thus putting further strain on the surrounding road network;

- prospect of having construction activity continue due to the expansion.

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.

The Toronto District Public Library have reviewed the application and have some concerns regarding parking, pedestrian routes between the mall and the library and the library’s reduced visual prominence in the community. Issues relating to lighting, landscaping and signage may be addressed at the time of site plan approval. The issue regarding on pedestrian routes forms part of the site plan objectives attached as Attachment 8.

The Toronto Transit Commission and Ministry of Transportation concerns regarding the Traffic Impact Study have been addressed by the transportation consultant. TTC matters related to the underground connection may be addressed through the site plan control stage. Toronto City Council 7 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

Comments:

Transportation Assessment

The site is located at a significant intersection with a new subway station. The Official Plan envisions an intensification of land use along the subway route, particularly where there are subway stations. It is anticipated that the presence of the subway and station on the site will substantially increase the trip making to and from the site by transit.

Access to the site is proposed through various existing points around the site perimeter and a new access point from Sheppard Avenue which will in general, improve site accessibility. This will be reviewed in further detail during the site plan control process.

With respect to overall future traffic operations anticipated as a result of the proposed expansion, a Traffic Impact Study has been provided by the applicant’s transportation consultant and has been accepted by the Transportation Services Division of Works and Emergency Services. In order to provide additional capacity at the existing signalized intersection of Don Mills Road and Fairview Mall Drive, a westbound advanced green phase will be required to be installed at the applicant’s expense, as further detailed in the comments provided by Transportation Services.

Traffic certification provided by the applicant’s transportation consultant is acceptable and is consistent with the requirements as set out in OPA 392.

Parking

Currently, the site has in the order of 4,553 parking spaces available for retail uses. In addition, there are some 366 parking spaces in a TTC commuter parking lot on the site. (Total of 4919 spaces). Current zoning standards for the development presently on site would generate the need to provide 3,464 parking spaces. (3.5 spaces per 100 m2)

In order to address an overall parking strategy for the site, the applicant’s transportation consultant has undertaken a comprehensive assessment to determine the appropriate parking supply required to accommodate the demand of the various uses. The proposed parking ratio recommended by the consultant is in the range of 4.3 to 4.6 spaces per 100 m2 of Gross Leasable Area of retail space. This represents the minimum number of spaces required to provide parking for the shopping centre uses, the offices and commuters. The parking required for office uses would be included in the overall supply as a shared parking concept given that the office and retail uses have different peaking characteristics.

Transportation staff has reviewed the supporting documentation provided by the consultant as well as information available from other similar shopping centres. A minimum retail parking standard of 4.5 spaces per 100 m2 GLA which would include the TTC commuter parking is recommended by staff. The TTC parking will be essentially reserved for commuters during weekdays when the retail parking demand is not at a maximum. Similar to the current arrangements at , access to mall parking areas will be gated until 9:00 a.m. during the weekdays. In comparison to the which is a Toronto City Council 8 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10 similar type , a parking ratio of 4.3 spaces per 100 m2 GLA has been applied. A parking ratio of 4.2 per 100m2 GLA has been applied to Yorkdale Shopping Centre.

With respect to the parking required for office, staff is recommending a reduced minimum parking standard of 0.33 spaces per 100m² of gross floor area. This ratio is supported on the basis that for the most part, office parking is shared during weekdays with retail uses as proposed by the consultant. However, when retail activity has maximum demands (i.e. evenings, weekends, and holidays), office parking will still be available.

Height

OPA 392 encourages innovative, high quality development within the Corridor, and provides several policies related to the height and massing of buildings. It is intended that the greatest height and massing of buildings be at major intersections and at locations with the greatest accessibility to public transit.

Additional office space on this site is planned in two office buildings, one along Don Mills Road and one along Sheppard Avenue. In accordance with OPA 392 principles the buildings relate, to the extent possible, to the Don Mills/Sheppard intersection and are adjacent to the Don Mills subway station. At this time, the height of the office buildings has not been determined. It is noted that the current C3 zoning by-law zone includes a height restriction on parking structures only, not buildings. The office area that is proposed is planned to be accommodated on 15 floors of space - in two separate buildings. The applicant submits that for marketing flexibility, heights for each building have not been fixed at this time.

In view of site and existing area context, an office building height up to10-storeys along the Don Mills Road frontage or up to 15-storeys along Sheppard Avenue East is recommended. The treatment of the bulk and massing of the office buildings and elevation articulation will be reviewed at the site plan control stage. It is recommended these maximum height limits be included in the zoning by-law.

The additional level of parking proposed directly over the existing structure along the east side of mall requires an exception from the current C3 zone height restrictions. It is recommended the maximum height be increased from 11 metres to 15 metres.

Coverage

To maximize its Commercial designation and zoning, the Official Plan encourages additional development at this location. The Plan includes provision that enables an increase in site coverage to allow for the development of subway-related facilities such as the commuter parking structure, and to protect for future development at the Don Mills Road.

The increased coverage resulting from this proposal comprises the footprints related to the retail expansion to the mall, the two office buildings and the parking deck proposed in the north parking lot. Coverage is calculated when any portion of these structures project above established grade. The floor plates of the office buildings are relatively minor and the retail component is largely infill along the Sheppard Avenue elevation. Architectural details for the Toronto City Council 9 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10 deck have not been settled, however conceptual plans demonstrate that only a portion of the proposed deck in the north parking lot will project above grade (refer to Attachments 3 and 4). The deck proposed in the east parking lot is planned as a vertical extension of the existing deck. The site plan submission will need to ensure the proposed decks will provide an attractive street frontage.

It is recommended that the coverage permission in the by-law on the site be increased from 50% to 75% to accommodate the proposal.

Setbacks

The office buildings are sited in close proximity to the major frontages and set back from the street edge to accommodate streetscaping and/or landscaping opportunities. The setback requirement along Don Mills Road is 6m (20’) and although the current C3 zoning allows buildings to be located at the Sheppard Avenue property line, a 5m frontyard setback is recommended for landscaping.

The Plan states that new buildings be sufficiently set back from the Sheppard Avenue road allowance to accommodate road widenings and any streetscape initiatives of the City. Although a widening is not necessary at this location and the site does not form part of the Sheppard Streetscape Plan, a 5m setback would be consistent with other setbacks along Sheppard Avenue and provides an opportunity to implement similar amenity at the site plan control stage.

Urban Design

The Site Plan Goals and objectives in Attachment 8 are an elaboration of urban design principles in OPA 392, as adapted to this site. They will provide Council a framework to guide the approval of further development at Site Plan stage. They are intended to promote a safe pedestrian network that will integrate the mall’s internal network with the subway, the municipal library and the public sidewalks at the edge of the site.

Pedestrian Environment

Council has adopted Pedestrian Comfort Guidelines as an appendix to the Official Plan that are intended to ensure that wind conditions in outdoor areas are generally compatible with outdoor activity. The guidelines are to be used for developments which exceed 5,000m2 (53,820 sq. ft.).

It is recommended that the study be provided at the site plan approval stage when details on building heights and architectural treatments are perfected.

Economic and Market Impact

It is an objective of the Official Plan that Council encourage the development and revitalization of commercial areas which may cater to the immediate area or, due to their specialization, to a wider metropolitan market. At the same time, it is a theme of the Official Plan that any increase in the amount of retail uses be consistent with the long term planned function of designated Centres, Sub-Centres or Commercial areas. Toronto City Council 10 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

The applicant has submitted two reports to support the expansion plans entitled “Economic Benefits from the Proposed Fairview Mall Expansion” prepared by Clayton Research dated May 31, 2001 and “Market Justification Fairview Mall Expansion” prepared by Pricewaterhouse Coopers dated June 11, 2001. Both reports have been reviewed by Economic Development.

The Department concurs with the conclusions of the Clayton Research report on economic benefits that the number of jobs created both during and after construction, along with the additional assessment and tax revenues are significant. They further note that the intensification of the land use, including the new office development will strengthen and enhance the competitive position of the site within Toronto and the .

The report prepared by Pricewaterhouse Coopers notes that Fairview Mall is currently smaller than both Yorkdale and Scarborough Town Centre (the two regional shopping centres that Fairview Mall is most competitive with). The current gross leasable area of Fairview Mall is approximately 81,000m² (880,000 sq. ft.), whereas Yorkdale has a GLA of 157,930m² (1.7 million sq. ft.) and Scarborough Town Centre has a GLA of 120,770m² (1.3 million sq. ft.). The consultant report concludes that the proposed expansion of Fairview Mall will create a shopping centre that fulfils the intended planned function for the centre and which is similar in size and nature to its closest competitive regional shopping centres. Staff of Economic Development has reviewed the report and concurs with the consultant.

Copies of the reports are available for review in the Planning Department during normal business hours.

Community Facilities

In response to an increased number of development proposals in the Sheppard Corridor area, staff is undertaking a community services and facilities review to determine whether there are service gaps in this area. The timely provision of community services and facilities will assist in ensuring the development of liveable communities, an important City building goal.

The study focuses on two geographic areas along the Sheppard Corridor: Central (Bayview Avenue to Leslie Street) and East (Leslie Street to Don Mills Road). A survey of existing agencies that serve these areas, coupled with a demographic analysis (current and projected) and focus group meetings with agencies, have identified that service gaps exist in the eastern portion of the corridor (see Appendix 9). One way to address these gaps is through the provision of approximately 10,000 to 15,000 square feet of additional office and meeting space for service agencies. Given that the users of the space would be non-profit agencies, it would be ideal to have finished space that could be made available at a nominal cost.

The agencies have also identified that limited opportunities exist to secure space, particularly along the eastern portion of the corridor. The Fairview Mall development proposal provides an excellent opportunity to secure such space for community services. The Mall is centrally located to several residential neighbourhoods, and is highly accessible by walking, transit or car. It already functions as a community hub, with the library located immediately adjacent to it and existing meeting space located on the second floor. Toronto City Council 11 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

However, the Commercial designation of Fairview Mall in OPA 392 does not include policies or any incentives for the provision of specific uses and community facilities. Incentives are provided for on lands designated Mixed Use. The applicant has offered 1,000 square feet of Mall space for community services. Staff will be meeting with the applicant in the near future to discuss details and determine if additional space can be secured as part of the development proposal.

Conclusions:

The expansion to Fairview Mall is in keeping with the Official Plan policies in the Sheppard East Subway Corridor Secondary Plan and will take advantage of the public investment in the Sheppard subway. The report recommends amendments to the Zoning By-law for reasons outlined in this report. Prior to adoption of the zoning by-law amendment the owner is required to enter into an amending site plan agreement to incorporate urban design goals and objectives to be achieved through future site plan applications. A specific parking standard should be established for Fairview Mall in the context of the parking studies undertaken to date.

Contact:

Steve Forrester, Senior Planner Telephone: (416) 395-7126, Fax: (416) 395-7155, E-mail: [email protected]

(Attachments 1- 7 and 9, referred to in the foregoing report, were forwarded to all Members of the North York Community Council with the agenda for its meeting on October 24, 2001; and copies thereof are on file in the office of the City Clerk, North York Civic Centre).

______

Attachment 8

Site Plan Objective:

Fairview Mall Shopping Centre, 1800 Sheppard Avenue East, File TB ZBL 2001 0004

The following goals and principles were written in the spirit of Part C5 and D15 of the Official Plan and should be considered with future applications for this site:

GOALS

1. Internal and external pedestrian circulation should be planned as a continuous single entity with a seamless interface. The pedestrian entry sequence from public streets and TTC is an integral part of the mall experience during all phases.

2. A through mid-block N-S pedestrian route across the site from Forest Manor Road to Godstone Road and the municipal library should be clearly delineated. Toronto City Council 12 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

PRINCIPLES

1. The adjacent street level pedestrian entrances to the mall should read clearly at all times from Sheppard Avenue East, from the Municipal Library, the Subway exit and from Don Mills Road (Leith Hill Rd.), regardless of the phasing stage.

2. Vertical pedestrian circulation should be located (where necessary) in a manner that promotes pedestrian orientation and facilitates choice.

3. Open spaces between the streets and mall entrances should be treated as forecourts with adequate space for landscaping, pedestrian amenity as well as vehicular circulation and parking.

4. The design of the office buildings should define the street edges and promote visual access to the Mall.

5. The pedestrian route to the Library should be clearly delineated from the Mall. It should be safe, comfortable and accessible. It should facilitate access to, and use of, this facility.

6. Vehicular circulation should be organized to minimize negative impacts on the quality and safety of the pedestrian network.

7. Safety and efficiency of pedestrian movement should be considered as an important part of the planning of the pedestrian circulation system.

Phasing

A phasing diagram implementing these objectives at each phase will be required at Site Plan Approval stage. A pedestrian circulation plan should also be submitted at that time.

Pedestrian Comfort

A pedestrian level wind study prepared in accordance with the Pedestrian Comfort Guidelines appended to the Official Plan shall be provided at the site plan approval stage.

September 28, 2001

Attachment 10

Authority: North York Community Council Report No. , Clause No., as enacted by Council on, 2001.

Enacted by Council: Toronto City Council 13 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend City of North York By-law 7625 in respect of lands municipally known as 1800 Sheppard Avenue East

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;

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

1. Schedules “B” and “C” of By-law 7625 of the former City of North York are amended in accordance with Schedule 1 of this by-law.

2. Section 64.25(7) of By-law No. 7625 of the former City of North York is amended by deleting the section in its entirety and replacing it with the following:

64.25(7) C3(7)

EXCEPTION REGULATIONS

(a) The minimum parking requirement shall be as follows:

(i) 1 space per 22.2m² of gross leasable floor area;

(ii) 1 space per 300m² of gross floor area for office uses.

(b) The minimum lot area requirement shall not apply.

(c) The maximum lot coverage of all buildings, including parking structures, shall be 75%.

(d) The maximum height of an office building adjacent to Don Mills Road shall be 10 storeys. The maximum height of an office building adjacent to Sheppard Avenue shall be 15 storeys.

(e) Notwithstanding the provisions of Section 25.2.3.1 of By-law 7625 as amended, the maximum height of parking structure “B” shown on Schedule C3(7) shall not exceed 15 metres.

(f) The minimum front yard setback to an office building shall be 5.0 metres. Toronto City Council 14 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

(g) Canopies, awnings, exterior stairways, wheelchair ramps, cornices, and pilasters shall be permitted to project into the minimum front yard and west side yard setbacks.

(h) Notwithstanding any severance or division of the lands subject to this exception, the regulations of this exception shall continue to apply to the whole of the lands.

3. By-law 32700 is hereby repealed.

ENACTED AND PASSED this ______day of ______, A.D. 2001

______Mayor City Clerk Toronto City Council 15 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10 Toronto City Council 16 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

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

- a joint communication (October 16, 2001) from Pat Lynch and Elaine Harmston, on behalf of Better Beginnings - Now, Children’s Aid Society of Toronto, North Branch, expressing the need for additional space to accommodate community programmes and services, and strongly urging the North York Community Council and Toronto City Council to support the request for community space in the Fairview Mall expansion plans. Toronto City Council 17 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

A staff presentation was made by Steve Forrester, Senior Planner, Community Planning, North District, Urban Development Services.

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

- Mr. Stephen Diamond, McCarthy, Tetrault, on behalf of the applicant, who commented on the merits of the application. During his submission he indicated that the applicant supported the staff recommendations and the recommendations put forward in the Resolution submitted by Councillor Sutherland. He further indicated that the application promotes the City’s plan for intensification along the subway line and while there is no authority to provide community space as part of the application the applicant has agreed to provide 5,000 sq. ft. for community space. The only concern with the recommendation put forward by the Ward Councillor was with respect to the word, “turnkey community services space” and was of the opinion that the word, “turnkey” needs to further clarified in terms of the actual furnishings to be provided by the applicant for the proposed community space. He believed that the 5,000 sq.ft. of community space is sufficient in light of the fact that the applicant is not required to provide such space and is willing to make this contribution on a voluntary basis.

Mr. Diamond further commented that they have worked with the Library to make sure that their concerns are addressed, and supported the idea of a pedestrian access to the mall. In closing, he stated that they would be willing to enter into an agreement to allow library users access to the parking that is available.

- Ms. Anne Fitzpatrick, on behalf of Better Beginnings Now, Children’s Aid Society of Toronto, North Branch, who expressed her support for the 5,000 sq. ft. of community space, and subsequently commented that the needs of the community in reality would be 15, 000 sq. ft. She then advised that community services within the community would work with the City to co-ordinate the use of space, including the needs of youth, families and seniors of all income backgrounds with a diversity of needs. In addition she commented that the space could also be a focal point for government information, Municipal, Provincial and Federal. In closing she thanked Councillor Sutherland for his assistance regarding the application and urged the North York Community Council to encourage Cadillac Fairview to reconsider providing additional space to accommodate community programs and services. (A copy of her written submission was filed with the City Clerk.)

- Ms. Shannon Allen and Mr. Jason Talbot, Eva’s Place, jointly commented on the need for space to accommodate programs benefiting parents, seniors, and teenagers, including teenage mothers. They further added that additional and more varied programs would provide a greater opportunity for teens and seniors to interact. Toronto City Council 18 North York Community Council November 6, 7, and 8, 2001 Report No. 8, Clause No. 10

- Ms. Liem Le, Community Social Planning Council of Toronto, spoke in support of the need for additional community space to accommodate the many varied programs that benefit residents of diverse age groups and cultural backgrounds. She expressed her thanks to Councillor Sutherland for his support in the matter. In closing she commented that it is important for community space to be accessible, cost efficient and inclusive.