20 Brunel Court (Block 31 - Railway Lands) - Zoning By-law … · 2017-02-10 · RECOMMENDATIONS . The City Planning Division recommends that: 1. City Council amend Zoning By-law

STAFF REPORT ACTION REQUIRED

20 Brunel Court (Block 31 - Railway Lands) - Zoning By-law Amendment Application – Removal of the Holding Symbol "h" - Final Report

Date: January 30, 2017

To: Toronto and East York Community Council

From: Director, Community Planning, Toronto and East York District

Wards: Ward 20 – Trinity-Spadina

Reference Number: 15 268121 STE 20 OZ

SUMMARY This application proposes to remove the holding symbol ("h") from Zoning By-law 1994-0805 on the lands at 20 Brunel Court (Block 31 within the Railway Lands West) to allow the development of a shared community facility. The shared facility will include a community centre and a child care centre along with two elementary schools, one for the Toronto District School Board (TDSB) and one for the Toronto Catholic District School Board (TCDSB). The shared community facility will be situated on Block 31 as well as the easterly portion of Canoe Landing Park within the Railway Lands West. The lands within Canoe Landing Park are not subject to the holding symbol. This report outlines the status of the conditions to remove the holding symbol ("h") from Block 31 included in the Railway Lands West Secondary Plan. This report recommends approval of the application to amend Zoning By-law 1994-0805 for the Railway Lands West to remove the holding symbol ("h") from Block 31. It also recommends that the amending by-law be brought forward to Council for enactment when the outstanding conditions for removal of the holding symbol ("h") have been fulfilled.

Staff report for action – Final Report – 20 Brunel Court 1

RECOMMENDATIONS The City Planning Division recommends that: 1. City Council amend Zoning By-law 1994-0805, for the lands at 20 Brunel

Court substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report from the Director, Community Planning, Toronto and East York District, dated January 30, 2017.

2. City Council authorize the City Solicitor to make such stylistic and

technical changes to the draft Zoning By-law Amendment as may be required.

3. City Council authorize the introduction of the necessary Bill by the City Solicitor

for enactment by City Council upon receipt of confirmation from the Chief Planner and Executive Director, City Planning that outstanding conditions for removal of the holding symbol ("h") as set out in the Railway Lands West Secondary Plan have been satisfied; namely issuance of the Certificate of Property Use (CPU) by the Ministry of the Environment and Climate Change in relation to soil remediation and the acceptance by City of Toronto Public Health Division of the proposed mitigation measures associated with traffic related air pollution at the site.

Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY Block 31 was transferred to the City in 1994 for community facilities as a part of the planning approvals for the larger Railway Lands. At that time the City along with the TDSB and TCDSB entered into agreements that set out the framework for establishing a community centre and elementary schools on the site. At its meeting of February 19 and 20, 2014 City Council authorized the Deputy City Manager, Cluster A to negotiate and execute a Development Agreement for Block 31 between the City, the TDSB and the TCDSB. A Development Agreement was entered into between the City and the TDSB and TCDSB on May 1, 2014. The Development Agreement defines the roles and responsibilities of the stakeholders as well as the principles for shared use of the facility. There is an associated Zoning By-law amendment application (File # 09 142634 STE 20 OZ) for the lands. At its meeting of December 13, 14, and 15, 2016 Council enacted By-law 1261-2016 that established the development standards for the shared community facility. By-law 1261-2016 is now in full force and effect. The Final Report on the Zoning By-law amendment application is available on the City's website at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.TE20.6


ISSUE BACKGROUND

Proposal The application proposes to amend Zoning By-law 1994-0805 to remove the holding symbol ("h") on Block 31 within the Railway Lands West to allow for the development of a shared community facility on the lands. The shared facility will include a community centre and a child care centre along with two elementary schools, one for the Toronto District School Board (TDSB) and one for the Toronto Catholic District School Board (TCDSB). The schools are planned to accommodate 550 students each for a total of 1100 students, from kindergarten to grade 8. The child care centre is planned for a total of 52 children (10 infants and 42 toddler and pre-school children). The total gross floor area of the shared facility is approximately 14,767 m² consisting of a 4,300 m² community centre (including multi-purpose community space), a 680 m² child care centre, and 9,786 m² for the TDSB and TSDSB elementary schools. It is anticipated that construction of the shared facility will begin in Spring of 2017. A site plan that depicts the proposed shared community facility is included as Attachment 1.

Site and Surrounding Area The site (Block 31 of the Railway Lands West) is situated on the south-west corner of Fort York Boulevard and Brunel Court. The site is approximately 1.3 hectares in area, rectangular in shape and is currently vacant. The site is relatively flat with current site elevations situated 3 to 6 metres lower than the adjacent lands or streets. Frontage is approximately 107 metres along Fort York Boulevard and 130 metres along Brunel Court. North: There are a number of mixed-use and taller residential buildings developed

as a part of the CityPlace neighbourhood on the north side of Fort York Boulevard ranging in height from 15 to 47 storeys. North of these buildings is the Northern Linear Park that extends along the south side of the rail corridor situated further north.

West: Canoe Landing Park is to the west of Block 31. The park is 3.1 hectares in

size and includes playing fields and play areas that will be used by the schools as well as continue to be used by the public.

South: To the immediate south of the site are Lake Shore Boulevard West and the

Gardiner Expressway. East: Opposite the site on the east side of Brunel Court is a mixed-use

development that includes two residential buildings of 42 and 49 storeys as well as 3-storey townhouses along Brunel Court, also part of the CityPlace neighbourhood.


Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) 2014 provides policy direction on matters of provincial interest related to land use planning and development. These policies support the goal of enhancing the quality of life for all Ontarians. Key policy objectives include: building strong healthy communities; wise use and management of resources; and protecting public health and safety. The PPS recognizes that local context and character is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. City Council’s planning decisions are required, by the Planning Act, to be consistent with the PPS. The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council’s planning decisions are required, by the Planning Act, to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe. The proposal for shared community facilities is consistent with the PPS and conforms to the Growth Plan for the Greater Golden Horseshoe. An important principle of both the PPS and the Growth Plan is that communities be complete communities. To this end, schools, recreation centres and child care centres are considered essential community services and facilities needed to support healthy and vibrant communities. The proposal will provide much needed community services and facilities to the many residents including children who live in this area of the downtown and the CityPlace neighbourhood.

Official Plan The site is designated Mixed Use Areas in the Official Plan and is within the Railway Lands West Secondary Plan area. A broad range of commercial, residential and institutional uses in single use or mixed-use buildings, as well as parks and open spaces and utilities are permitted within the Mixed Use Areas designations. The Official Plan is available on the City's website at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=03eda07443f36410VgnVCM10000071d60f89RCRD

Railways Lands West Secondary Plan Block 31 is designated Mixed-Use Area D within the Secondary Plan (Attachment 2). Section 5 of the Secondary Plan includes specific requirements concerning schools and community services and facilities and sets out the framework for securing a community centre and schools in cooperation with the TDSB and the TCDSB within the Railway Lands West. Block 31 and the easterly portion of Canoe Landing Park are identified on the Parks and Open Space Plan within the Secondary Plan as the 'General Location for a Community Centre and Schools' (Attachment 3). The policies of Section 5.8 provide that


the community centre and schools should be developed either independently or jointly and set out the criteria regarding the location and form of the facilities including: - consider the shared use of the exterior and interior spaces - consider the size of buildings to maximize open space - ensure that the open space remains useable, well configured, contiguous and

physically and visually accessible from public streets - consider sun, wind, air quality and noise conditions; and - consider views. Section 11 of the Secondary Plan sets out the development strategy for the Railway Lands West, including the use of holding symbols in the zoning by-law. Conditions for removal of holding symbols generally include the requirement that a precinct plan and precinct agreement or a subdivision plan and subdivision agreement be in place that sets out the requirements for development such as servicing, streets, parks and other community services and facilities within the larger Precinct. The subject site is situated within Precinct 3 that includes only Block 31 and Canoe Landing Park and there is currently no precinct or subdivision plan for Precinct 3. Block 31 is subject to a holding symbol. Section 11.13 of the Secondary Plan provides that the holding symbol may be removed on individual sites within a precinct in the absence of a precinct plan and agreement or subdivision plan and agreement subject to specific conditions. These include requirements for access, servicing, environmental reports and mitigation measures as necessary, as well as a schools and community services and facilities agreement that secures community services and facilities such as the schools, community centre and child care centre proposed on the subject site. The development must also be considered of major public significance. In this case, Block 31 is the only development block within Precinct 3 and a single development is proposed on the site. As a result, precinct or subdivision plans would not be appropriate to facilitate the development of the shared community facility on the site. The conditions for the removal of the holding symbol on individual sites and the status of each for Block 31 are discussed in more detail in the comments section of this report. The Railways Lands West Secondary Plan is available on the City's website at: http://www1.toronto.ca/planning/19-railway-lands-west.pdf

Zoning The site is subject to the provisions of the Railway Lands West Zoning By-law 1994-0805, as amended by By-law 1261-2016. Block 31 is zoned Commercial Residential (CR) with a holding symbol ("h") (Attachment 4).


The CR zone permits a wide range of residential and non-residential uses including the community centre, public elementary schools and a child care centre. While the holding symbol ("h") is in place the community centre and child care centre are permitted. A specific qualification in the Zoning By-law permits public and separate elementary schools to be located on Block 31 and in a G (Park) zone. The maximum overall gross floor area permitted for the community centre, child care centre and elementary schools is 20,000 square metres. A maximum building height of 15 metres is permitted. The By-law also includes development standards in relation to building setbacks, parking and loading space requirements for the shared facility.

Site Plan Control A Site Plan application (File # 15 268064 STE 20 SA) was submitted and has been reviewed concurrently with the zoning amendment applications. The review of the site plan application is nearing completion and it anticipated that the site plan will be finalized in the first quarter of 2017.

Reasons for Application A holding symbol ("h") was placed on the lands to limit the use of the lands until such time as the conditions for the removal of the "h" had been fulfilled to the satisfaction of City Council. The Railway Lands West Secondary Plan requires that the following conditions be satisfied prior to the removal of the holding symbol ("h"): 1. The site has been or will be provided with access and municipal services adequate

to service the proposed development of the site. 2. The development is consistent with the Secondary Plan. 3. Subject to the removal of the holding symbol, the proposed development of the site

is permitted by the Zoning By-law for the Railway Lands West. 4. The site has been included in an Environmental Report and the safeguards and

measures identified in the Environmental Report are satisfactory to the City and the Ministry of the Environment and Energy and have been adequately secured.

5. A schools and community services facilities agreement which is sufficient to secure

the provision of the community services and facilities consistent with the requirements of the Secondary Plan has been secured; and

6. The development proposed for the site is of major public significance.


COMMENTS Staff from City divisions and agencies have worked closely with the consulting team on addressing the conditions in the Secondary Plan for the removal of the holding symbol ("h") to facilitate the development of the shared community facility. The status of the conditions are discussed in more detail below. 1. Site Access and Servicing

The site has frontage on Brunel Court and Fort York Boulevard, both public streets that were secured and constructed through the subdivision process for a portion of the Railway Lands West area. The subdivision facilitated the division of the lands into development parcels, and provided for the construction of the now established CityPlace residential neighbourhood. Access to the underground parking and loading facilities for the shared facility is proposed from Brunel Court at the south end of Block 31. Service connections to Block 31 were also installed through the larger subdivision development, in anticipation of the development of a shared community facility on the Block. Site access and servicing are available for the shared facility consistent with the requirements of the Secondary Plan.

2. Consistency with the Secondary Plan Block 31 and the easterly portion of Canoe Landing Park are identified on the Parks and Open Space Plan within the Secondary Plan as the 'General Location for a Community Centre and Schools'. The Secondary Plan sets out the development criteria for the community facilities including among other matters the shared use of the building and the exterior spaces. The design of the two elementary schools, community centre and child care centre includes shared use of spaces within the building such as gymnasiums, multipurpose rooms, washrooms, change rooms and the library. City staff have worked with the School Boards to ensure a shared approach to the use of both the outdoor school facilities and playing fields in Canoe Landing Park to serve both schools, the child care centre, the community centre and larger community as contemplated in the Railway Lands West Secondary Plan. Planning staff are satisfied that the proposed development is consistent with the Secondary Plan.

3. Uses Permitted in the Zoning By-law The community centre, child care centre and schools are permitted uses in the Railway Lands West Zoning By-law 1994-0805 on Block 31. The By-law includes a qualification that permits public and separate elementary schools and associated playground facilities on Block 31 and in a G zone (Canoe Landing Park). At its meeting of December 13, 14 and 15, 2016, City Council enacted By-law 1261-2016 that established the development standards for the shared community facility.


Subject to the removal of the holding symbol ("h") the development is permitted by the Zoning By-law consistent with the requirements of the Secondary Plan.

4. Environmental Requirements – Soils, Air Quality and Noise and Vibration Soils An environmental report addressing soil quality and remediation, including a Risk Management Assessment, was submitted through the site plan approval process and this has been reviewed by the Ministry of the Environment and Climate Change (MOECC). The MOECC has issued an Acceptance Letter for the Risk Assessment. As well, a Certificate of Property Use (CPU) that sets out the mitigation measures required in association with the development has also been reviewed by the MOECC and this is currently within the public review process at the MOECC. It is anticipated the final CPU will be issued by the MOECC in mid February 2017. At such time as the CPU has been issued by the MOECC, the requirements of the Secondary Plan in relation to MOECC approval will be satisfied. Mitigation measures identified in the CPU as required for the development will be secured through the site plan process. Air Quality Through the site plan review Public Health staff worked with the consultants to identify measures for consideration in relation to building design, site layout, landscaping, and administration that should be considered to mitigate impacts of traffic related air pollution at the site given its proximity to Lake Shore Boulevard West and the Gardiner Expressway to the south. To mitigate pollutants, Public Health staff recommended options in relation to ventilation and air intakes, and considerations in relation to building, site and landscape design including beneficial plants, as well as administrative measures that could be put in place in relation to scheduling outdoor activities and the management of vehicular activity including buses at the site. The consultants have incorporated a number of recommended measures in the building and landscape designs intended to mitigate impacts of traffic related air pollution. Enhanced filtration media are proposed and air intakes have been positioned to the maximum physical separation from the highways. As well, the building is fully air conditioned. The building design and site layout places the outdoor playgrounds in a courtyard setting, sheltering these areas from the highways. Mass plantings are proposed on the south and west boundaries of the site closest to the highways and plant materials have been selected due to their beneficial effects in relation to removal and dispersion of pollutants. A proposed green roof provides similar benefits to the mass plantings and is proposed across the roof of the facility including in locations near the air intakes and along the south portion of the building closest to the highways.


Public Health staff are currently reviewing the site and landscape plans and the proposed parameters in relation to ventilation and filtration systems proposed for the building. At such time as Public Health staff have completed their review, and advise that the recommendations in relation to mitigation of traffic related pollutants are satisfactory, the requirements in relation to the Secondary Plan will be satisfied. Mitigation measures required will be secured through the site plan approval process. Noise and Vibration A noise and vibration study was submitted through the site plan approval process and this has been reviewed by Metrolinx. The noise and vibration consultant did not identify impacts in relation to the rail corridor which is located approximately 165 metres north of the site. Metrolinx staff have reviewed the report and find the report acceptable. The consultant recommended that the design of the facility incorporate specific components in relation to the materials on the building facade and mechanical equipment and that central air conditioning be installed in the facility to mitigate the impacts of noise originating from the Gardiner Expressway to the south. The building design incorporates these elements as recommended by the consultant, and these will be secured through the site plan approval process consistent with the Secondary Plan.

5. Agreements to Secure the Community Services and Facilities

In 2014, the City and the TDSB and TCDSB entered into a Development Agreement with respect to the shared community facility. The Agreement defines the roles and responsibility of stakeholders, identifies the facilities and the shared use areas and sets out the process for the design and construction of the shared facility. Agreements were also put in place in 1994 between the stakeholders when Block 31 was transferred to the City. Agreements between the two Schools Boards, the City and CN Rail established a development levy system to fund the construction of the shared facility. The City and the two School Boards also entered into an agreement in 1994 for a multi-use facility on Block 31 and the adjacent park that established the principles for the shared use of the interior and exterior spaces. Planning and Legal Services staff consider these agreements sufficient to secure the provision of the community services and facilities as contemplated by the Secondary Plan.


6. Public Significance of the Shared Community Facility The Secondary Plan provides for the removal of the holding symbol on individual sites where the development is considered of major public significance. The Railway Lands and adjoining areas have experienced rapid growth in a relatively short period of time, with many new neighbourhoods developed over the last 15 years including the CityPlace neighbourhood. Block 31 is within the CityPlace neighbourhood and was identified in the early planning phases of the Railway Lands development as one of the main sites for community services and facilities to serve residents in the new neighbourhoods planned for this area. Community centres, child care centres, and schools are essential elements of complete communities and the proposed shared facility will provide much needed services and facilities to the many residents including children who live in this area of the downtown and the CityPlace neighbourhood. Planning staff consider the development to be of major public significance.

Conclusions ZAS Architects has applied on behalf of the City to amend Zoning By-law 1994-0805 to remove the holding symbol ("h") from the lands at 20 Brunel Court (Block 31 within the Railway Lands West). The removal of the holding symbol ("h") will facilitate the development of a shared community facility including a community centre, a child care centre and two elementary schools; one for the TDSB and one for the TCDSB on the Block. Five of the six conditions for the removal of the holding symbol ("h") have been satisfied and the review of the outstanding condition concerning environmental mitigation in relation to soil remediation and air quality is nearing completion. It is appropriate to direct staff to bring forward the amending by-law when these requirements are satisfied. The requirements include the issuance of the Certificate of Property Use (CPU) by the Ministry of the Environment and Climate Change in relation to soil remediation and the acceptance to the satisfaction of the City's Public Health division of mitigation measures proposed in relation to traffic related air pollution at the site. Providing that direction now will permit the City Solicitor to submit the Bill to Council as soon as the outstanding condition has been fulfilled. A draft of the amending zoning by-law to remove the holding symbol ("h") is included in Attachment 5.


CONTACT Susan McAlpine, Senior Planner Tel. No. (416) 392-7622 E-mail: [email protected] SIGNATURE _______________________________ Gregg Lintern, MCIP, RPP Director, Community Planning Toronto and East York District (P:\2017\Cluster B\pln\TEYCC\4014597029.doc) - vc ATTACHMENTS Attachment 1: Site Plan Attachment 2: Railway Lands West Secondary Plan – Land Use Attachment 3: Railway Lands West Secondary Plan – Parks and Open Space Plan Attachment 4: Existing Zoning Attachment 5: Draft Zoning By-law Amendment


Attachment 1: Site Plan


Attachment 2: Railway Lands West Secondary Plan – Land Use


Attachment 3: Railway Lands West Secondary Plan – Parks and Open Space Plan


Attachment 4: Existing Zoning


Attachment 5: Draft Zoning By-law Amendment

CITY OF TORONTO Bill No. ~

BY-LAW No. ~-20~

To amend Zoning By-law No. 1994-0805, Railway Lands –West, as amended to remove the holding symbol ("h") with respect to the lands known municipally as 20

Brunel Court

WHEREAS authority is given to Council by Section 34 and Section 36 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to impose the holding symbol ("h") and to remove the holding symbol ("h") when Council is satisfied that the conditions relating to the holding symbol have been satisfied; and WHEREAS there are official plan policies in effect addressing the use of the holding symbol ("h") in the Railway Lands West Secondary Plan; and WHEREAS it is appropriate that the holding symbol ("h") now be removed in relation to the subject lands; and WHEREAS Council has given notice of its intention to pass the amending by-law to remove the holding symbol ("h") in accordance with Section 36(4) of the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. District Map 50G-321 contained in Appendix "A" of By-law No. 1994-0805, as

amended, is further amended by removing the holding symbol ("h") from block 31 as shown on the attached Map 1.

ENACTED AND PASSED this ~ day of ~ , A.D. 20~. JOHN TORY, ULLI S. WATKISS Mayor City Clerk (Corporate Seal)


MAP 1


20 Brunel Court (Block 31 - Railway Lands) - Zoning By-law … · 2017-02-10 · RECOMMENDATIONS . The City Planning Division recommends that: 1. City Council amend Zoning By-law

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