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Application to Amend

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Application to Amend CITY CLERK Clause embodied in Report No. 8 of the North York Community Council, as adopted by the Council of the City of Toronto 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 Cadillac Fairview Corporation - 1800 Sheppard Avenue East - Fairview Mall - 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 path 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 Sport Chek store to commercial retail uses; and, (v) an underground pedestrian link from Don Mills Station 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 Subway 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 apartment 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 Ontario 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.
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