STAFF REPORT

April 20, 2004

To: Toronto East Community Council

From: Acting Director, Community Planning, East

Subject: Preliminary ReportOPA & Rezoning Application 04 113582 ESC 35 OZProponent: Stafford Homes Ltd (The Goldman Group)Architect: Gail E. Lamb Incorporated Architect671-679 Warden AvenueOakridge Employment District

Ward 35 - Scarborough Southwest

Purpose:

To provide preliminary information on the above-noted application and to seek CommunityCouncil's directions on further processing of the application and on the community consultationprocess.

Financial Implications and Impact Statement :

There are no financial implicationsresulting from the adoption of this report.

Recommendations:

It is recommended that the processing ofthis application and communityconsultation be co-ordinated with theWarden Corridor Land Use PlanningStudy.

Proposal:

The application proposes amendments tothe Scarborough Official Plan and theEmployment Districts Zoning By-law24982 to permit a 4 storey, 128 bedlong-term care facility with 42 parkingspaces as an additional permitted use.

671-679 WARDEN AVENUE

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No redevelopment is proposed for the Bell Estate.

The long term care facility would be operated by Ina Grafton Gage, a corporate entity of theUnited Church, which proposes to relocate from their existing 110 bed facility at 2 O’ConnorDrive, Toronto. The building would include dining/sitting/activity areas, nurses stations,offices, and clinics, as well as a tuck shop, library, exercise room, chapel and hair salon. Thebasement level would include the laundry, cooking facilities, staff lounge and lockers, and themechanical, storage, and garbage/recycling areas. Two gardens are proposed on the ground flooron the north side of the building, as well as a patio area on the south side near the front entrance.

One driveway access is proposed off Warden Avenue. The right-of-way shown on the site planproviding access to the Bell Estate no longer exists because the two properties at 671 and 679have merged in title. However, in accordance with Consent Application B008/04SC an accesswill be provided to the Bell Estate in the same location as the former right-of way.

Additional project information is provided in the Application Data Sheet.

Background:

The former Becker’s lands at 671-679 Warden Avenue have been the subject of a number ofapplications to the Committee of Adjustment. These include Minor Variance ApplicationA270/94, the approval of which permits the use of the historic Bell Estate at 679 Warden Avenuefor a recreational and educational centre for senior citizens, including food preparation for a“Meals-on-Wheels” program and cafeteria under the direction of the Warden Woods CommunityCentre. Consent Application B030/03SC, approved on October 15, 2003, severed the Bell Estateand the site of the proposed long term care facility from the dairy buildings on the south part ofthe Becker’s lands. Among the conditions of approval, the Owner is required to enter into andregister on title a Heritage Easement Agreement with the City of Toronto to preserve the mainresidence of the Bell Estate prior to registration of the new parcels. Consent ApplicationB008/04SC, approved on March 31, 2004, severed the Bell Estate from the long term carefacility site, also subject to the Heritage Easement Agreement. A report from the EconomicDevelopment, Culture and Tourism Department seeking authority to execute the Agreement ison the May 4, 2004 agenda of Community Council. The applicant indicates that it is innegotiations with a compatible user for the Becker’s dairy site within the existing zoningprovisions.

The Warden Corridor and Victoria Park Station Land Use Planning Studies commenced inJanuary 2004, and are being undertaken with the assistance of consultants. The Warden Corridorstudy area extends east and west of Warden Avenue from Danforth Avenue to Eglinton Avenue,as shown on the attached map. Within this general area a number of sites, primarily on the eastside of Warden Avenue between the Warden Power Centre and Centennial College, have beenidentified as “areas of potential land use change”, including the subject property. The purposesof the Warden Corridor Study are: to determine the best use of the TTC commuter parking lots;review the economic viability and importance of the employment uses; guide the creation of newneighbourhoods with the necessary physical and social infrastructure if the conversion of

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industrial land to residential use is supported; and to provide Council with a context forconsidering development applications in the study area.

The Warden Corridor and Victoria Park Station Studies involve an extensive communityconsultation program. A Study Commencement Meeting was held on March 8, 2004, andAdvisory Panels (working groups) of stakeholders have been formed to meet with City/TTC staffand the consultants on an on-going basis, including Visioning Charettes in May. Additionalgeneral community meetings will also be held during the spring and fall. The consultant’s PhaseOne Report (Background Study) will be released in April. The Phase Two Vision/DirectionReport is due to be completed by mid-September, and is targeted to go to the November 1, 2004,meeting of the Planning and Transportation Committee. The Phase Three ImplementationReport from Staff is targeted for a Public Meeting at the Committee in January/February 2005.

Comments:

Site Description

The site is located on the east side of Warden Avenue, south of St. Clair Avenue East, has afrontage of approximately 92.36 metres on Warden Avenue, and is approximately 1.92 hectares(4.76 acres) in size. There is an existing municipal sewer easement crossing the site, which mustremain on title in favour of the City of Toronto as a condition of approval of the ConsentApplications.

The lands at 671 Warden Avenue, which will have a frontage of approximately 85.15 metres anda size of 1.1 hectares, were formerly part of the Becker’s parking lot and are currently vacant.The lands at 679 Warden Avenue, which will have a frontage of approximately 7.21 metres and asize of 0.8 hectares, are occupied by the Bell Estate, which includes a c.1840 fieldstonefarmhouse and accessory structures. The Estate is leased to the Warden Woods CommunityCentre for its Bell Estate Services for Seniors.

The surrounding uses include:

North: Advantage Self-Storage at 681 Warden Avenue, Sealy Canada at 685 Warden Avenue,Biovail Research at 689 Warden Avenue, Hydro Lands

South: former Becker’s dairy, Tradition Fine Foods at 663 Warden Avenue, Centennial Collegeat 651 Warden Avenue

East: former CNR rail spur and former AFG Glass factory at 350 Danforth Road (subject toOPA & Rezoning Application 03 035270 ESC 35 OZ and Subdivision Application 04117084 000 00 SB for 486 residential units, a park and walkways), TTC Birchmount BusGarage, Birchmount Park Community

West: 15-storey apartment building at 682 Warden Avenue, townhouses, Firvalley Woods Park,Warden Woods Church and Community Centre, Firvalley Plaza, Warden Public School,Bloor-Danforth subway line

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Official Plan

Scarborough Official Plan

The site is designated as General Industrial-High Performance Standards and Special IndustrialUses in the Oakridge Employment District Secondary Plan. These land use designations permitindustrial, scientific, technical research and development, training and educational facilities,offices, recreational uses, and manufacturing and warehousing. Industrial uses having limitednoxious aspects may be permitted in the Special Industrial Uses designation. Places of worshipare permitted along certain arterial roads. Long term care facilities and residential uses are notpermitted in these industrial designations. Specialized residential care facilities and nursinghomes are permitted in the Community Facilities designation, and senior citizens housing in theHigh Density Residential designation.

Metropolitan Official Plan

The subject site is part of a Metropolitan Industrial/Employment Area. Policy 39 states, in part,that the redesignation of Industrial/Employment Lands will only be supported where it will notresult in small pockets of employment lands or the isolation or disruption of existingeconomically viable industrial uses, and the proposed use is compatible with adjacent uses.

Toronto Official Plan

At its meeting of November 26, 2002, City Council adopted the new Official Plan for the City ofToronto. The Minister of Municipal Affairs and Housing approved the new plan, in part, withmodifications. The Minister's decision has been appealed in its entirety. The Official Plan isnow before the Ontario Municipal Board. No hearing date has been set.

Once the Plan comes into full force and effect, it will designate these lands as “EmploymentAreas”. This land use designation permits a variety of uses such as offices, manufacturing,warehousing, distribution, research and development, media facilities, parks, hotels, andrestaurants and small scale services that serve area businesses and workers. Places of worship,recreation and entertainment facilities, business and trade schools, and post-secondaryinstitutions, uses that are not directly supportive of the primary economic function, may bepermitted through rezoning and only on major streets as shown on Map 3. Large-scale stand-alone retail stores and “power centres” are permitted on these streets where they form theboundary of the Employment Areas.

The subject site is not identified on the Urban Structure Map 2 as an Employment District to beprotected and promoted exclusively for employment uses.

The new Official Plan would not permit the proposed long term care facility. These facilities arepermitted as local institutions in Neighbourhoods, Apartment Neighbourhoods, and Mixed Usedesignations. Long term care facilities are also permitted in Regeneration Areas, and inInstitutional Areas when associated with a health institution. An amendment to the Plan wouldbe required.

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Zoning

The site is currently zoned Industrial (M), General Industrial (MG) and Special Industrial (MS).These zones permit industrial uses, offices (excluding medical and dental), educational andtraining facility uses, recreational uses, and day nurseries, as well as places of worship on sitesabutting arterial roads. The MG and MS zones also permit open storage. Long term carefacilities are not a permitted use in the M, MG and MS zones.

Site Plan Control

The site is subject to site plan control, and the applicant intends to file an application in the nearfuture.

Tree Preservation

The applicant has submitted an Arborist Report that indicates that there are 28 trees of 30 cmdiameter or greater that qualify for protection. The majority of which are located on the BellEstate lot to be established through Consent Application B008/04SC. There appear to be 5 treeson the site of the proposed long term care facility that qualify for protection. Comments on thisapplication have been requested from Urban Forestry.

Reasons for the Applications

Amendments to the Scarborough Official Plan and the new Toronto Official Plan, as well as arezoning, are required to permit the proposed long term care facility.

The applicant is proposing that the current Industrial designations in the Scarborough OfficialPlan be maintained, with the long term care facility permitted as an additional permitted usethrough a site specific amendment. The proposed facility is viewed as an extension of the usesfor seniors already permitted at the Bell Estate. The applicant and the Ministry of Health andLong-Term Care request that the application be expedited prior to the conclusion of the WardenCorridor Study. The reasons given are that the provincial funding is time sensitive, andconsideration of the application within the timeframes of the Study may result in the loss of theprovincial funding and a missed opportunity for social and economic benefits for the localcommunity. The applicant notes that the public has expressed concerns about the amount ofvacant/underutilized land in the area. The long term care facility would provide localemployment opportunities with approximately 225 fulltime caregiver and professional positions.In addition, the applicant submits that the proposal would be compatible with the neighbouringemployment uses, have limited transportation impacts, and can help improve the streetscape ofWarden Avenue.

The Ministry of Health and Long-Term Care has advised that the existing Ina Grafton Gage isclassified as a “D” long term care facility, meaning it does not meet 1972 Ministry design andcare standards. In 1998, the Province committed funding for D facilities to be rebuilt orredeveloped to newer standards, which has prompted Ina Grafton Gage to sell its current facility

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and seek a site for a new building. The Ministry entered into an agreement with Ina GraftonGage for a redevelopment with 128 beds in August 2002, and approved the location at 671-679Warden Avenue in September 2003.

Issues to be Resolved

Official Plan Policies and Warden Corridor Study

The applicant is proposing that the Official Plan Amendment and rezoning be site-specific, withthe lands retaining their existing Industrial designations and zoning, with the long term carefacility being an additional permitted use. Two examples are given of similar approvals in theformer City of Scarborough, including the Extendicare long term care facility at 401 ConlinsRoad (TF OPA 2001 0001 and TF ZBL 2001 0003), and the Leisureworld nursing home/longterm care facility and medical/dental office building at 1000 Ellesmere Road (SC-P20000005and SC-Z20000012), which were recently approved as additional permitted uses in GeneralIndustrial designations and M zoning.

The applicant also submits that a long term care facility would be a compatible use in any landuse designation the Warden Corridor Study may recommend for the site, includingNeighbourhoods, Mixed Use Areas or Employment Areas. It is the applicant’s view that theprocessing of the application ahead of the conclusion of the Warden Corridor Study will notprejudice the outcome of the study.

The Ministry of Health and Long-Term Care advises if the Ina Grafton Gage is required to awaitthe conclusion of the Warden Corridor Study in early 2005, it will not be possible for the projectto be completed by the D redevelopment program deadline of March 31, 2006, and therefore it isat risk of being cancelled. Ina Grafton Gage is already in breach of the terms of its developmentagreement with the Ministry, due in large part to the delay in finding a suitable site, putting theMinistry in a position where it may have to withdraw its commitment. Finally, any project thatis not underway at this time is in jeopardy of having its funding cancelled, particularly those thathave a low probability of commencing construction by Fall 2004. The Ministry has estimatedthat in order to finish construction by the program deadline of March 31, 2006, Ina Grafton Gageneeds to begin construction by September 2004. The Ministry submits that a long term carefacility is a unique land use that blends institutional, employment and residential elements, andwould be compatible with a variety of uses, regardless of the outcome of the Warden CorridorStudy. Further, the Ministry asserts that the timing and need imperatives would be understoodby the public and stakeholders, and the uniqueness of the use would preclude any claim toprecedent by other landowners.

Staff note that long term care facilities are not recognized as an employment use in either theScarborough or new Toronto Official Plans, but rather as an institutional/residential use. Whilethe use would provide employment opportunities, the prime intent of a long term care facility isto provide housing for a certain segment of the population that requires assisted living. While thenew Toronto Official Plan does permit some non-employment uses in Employment Areas, it isclear that the intent of the Plan is that residential and mixed use areas are the appropriatelocations for long term care facilities. The facilities at 401 Conlins Road and 1000 Ellesmere

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Road were both approved in 2001 before the adoption of the new Official Plan in November2002, and under the new Plan these sites are now designated as Mixed Use. It may be noted thatSpecific Policy 104 permits long term care facilities in the Milliken Employment Area on a sitespecific basis.

To permit this proposal, the preferred approach relative to the new Toronto Official Plan wouldbe to redesignate the property to a land use category that permits long term care facilities, such asApartment Neighbourhoods or Mixed Use. The new designation should be based on the outcomeof the Warden Corridor Study. If the Warden Corridor Study were to conclude that this areashould remain designated for employment uses, then a determination would have to be made atthat time regarding allowing this proposed long term care facility in the Employment Area.

Staff is of the opinion that this application should not be processed in advance of the WardenCorridor Study. It is premature to assume that the Study will conclude that theIndustrial/Employment designations of this and other properties in the study area should beamended, particularly in advance of the consultant’s Vision/Direction Report. In addition, theprocessing this application in advance of the study could be viewed as creating a precedent forother development applications, either in terms of the process or in terms of a determination thatthere is a non-employment future for this area.

Staff note that the normal timeframe of 9 months for processing this complex application wouldcoincide with the completion of the Warden Corridor Study. The applicant is requesting that theapplication be expedited, and the Ministry is suggesting that construction needs to begin inSeptember. The shortened processing timeframe proposed by the applicant is technicallyfeasible, but would require revising the normal process in a number of ways. Should Council beinclined to agree with the applicant and the Ministry that the proposal should be fast-tracked inadvance of the completion of the Warden Corridor Study, this will necessitate:

- the prompt submission of a site plan application- confirmation to the satisfaction of the City that the site is environmentally acceptable for

the proposed use- co-operation from the commenting departments and agencies in processing the

application more quickly than the normal review times for an OPA and Rezoningapplication

- relying on the Advisory Panel/Visioning Charette meetings being held in May for theWarden Corridor Study as the community consultation for the review of this application

- a Final Report and Statutory Public Meeting at the Planning and TransportationCommittee on June 28, 2004, with Bills enacted by City Council in July 2004.

If Council adopts this process, it may still be necessary for the Final Report to recommend thatthe application be deferred until the Warden Corridor Study is complete, if the emergingdirections of the study do not indicate that a long term care facility is appropriate at this location.In addition, Staff note that any Official Plan and Zoning By-law amendments enacted by Councilwould, as usual, be subject to appeal.

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Site Planning Issues

Matters to be reviewed in a site plan application include pedestrian access, landscaping, sitelighting, building materials, screening of rooftop mechanical equipment, truck turning, andstormwater management. The applicant is encouraged to submit a site plan application to allowthese issues to be resolved concurrently with the Official Plan and rezoning application.

Environmental Reports

The Works and Emergency Services Department advises that to address the issue of soilcontamination, the applicant is required to submit Phase I and II Environmental Site AssessmentReports, and if necessary, a Remedial Action Plan and a Record of Site Condition acknowledgedby the MOE which has passed the audit. These reports will be reviewed by a third party peerreviewer chosen by the City and paid for by the applicant.

Further issues or the need for further technical studies may be identified through the review ofthe application, agency comments and community consultation.

Conclusions :

The application has been circulated for comments to the relevant departments and agencies, andStaff will continue to review the proposal and address technical issues.

Long term care facilities are not currently permitted on the subject site by either the Scarboroughor new Toronto Official Plans. This application raises City-wide issues concerning theconversion of employment lands to institutional/residential use. The City is undertaking an areastudy to establish appropriate land use directions for the Warden Corridor, and provide Councilwith guidance for considering development applications. While sensitive to the issue of time-limited Ministry funding, and recognizing that the Warden Corridor may ultimately becomemore residential or mixed use in character, it is Staff’s view that this application should not befast-tracked ahead of the completion of the land use review.

The community consultation for this application should take place concurrently with the publicconsultation program for the Warden Corridor Study.

It is expected that a Final Report on the application can be brought forward in early 2005 at thesame time as the results of the Warden Corridor Study are reported, assuming that the applicantprovides all required information without delay.

Should Council direct that the application be processed in advance of the Warden CorridorStudy, this will necessitate community consultation in combination with the study, the promptsubmission of a site plan application and environmental reports, and accelerated review by thecommenting departments and agencies.

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Contact:

Ruth Lambe, Senior PlannerPh: (416) 396-7037Fax: (416) 396-4265Email:rlambe@toronto.ca

Paul HamiltonActing Director, Community Planning, East District

List of Attachments:

Attachment 1: Context PlanAttachment 2: Site PlanAttachment 3: ElevationsAttachment 4: Warden Corridor and Victoria Park Station Study AreasAttachment 5: Official PlanAttachment 6: ZoningApplication 7: Application Data Sheet

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Attachment 1: Context Plan

SIGN

WARDEN AVENUE

671-679 Warden AvenueContext Plan

4/8/04Not to Scale

Applicant's Submitted Drawing04_113582_OZFile #

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Attachment 2: Site Plan

WARDEN AVENUE

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Appli

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's Su

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4/8/

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Scale

671-

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War

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File #

04_

1135

82_O

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Attachment 3: Elevation 1

West

South

671-679 Warden Avenue

North

Applicant's Submitted DrawingElevation Plan

East

Not to Scale 04-113582_OZ4/7/04 File #

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Attachment 4: Warden Corridor and Victoria Park Station Study Areas

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Attachment 5: Official Plan (Map)

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Attachment 6: Zoning (Map)

Development Services

ZoningOakridge Employment District Bylaw

4/1/04

Urban 671-679 Warden Avenue

Not to ScaleGeneral Industrial ZoneSpecial Industrial ZoneIndustrial ZoneInstitutional-Educational Neighbourhood Commercial

ParkMajor Open Spaces

04-113582_OZFile #

Multiple-Family ResidentialApartment Residential

Public UtilitiesPlace(s) of Worship

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Attachment 7: Application Data Sheet

APPLICATION DATA SHEETApplication Type Official Plan Amendment &

RezoningApplication Number: 04 113582 ESC 35 OZ

Details OPA & Rezoning, Standard Application Date: March 4, 2004

Municipal Address: 671 WARDEN AVE, Toronto ON

Location Description: CON B PT LOT 32 R1092 PTS 1 & 2 **GRID E3507

Project Description: The application proposes a 4 storey, 128 bed long-term care facility as an additionalpermitted use. The Bell Estate at 679 Warden Avenue is used as a recreational andeducational centre for senior citizens.

Applicant: Agent: Architect: Owner:

STAFFORD HOMES LTD(THE GOLDMAN GROUP)

GAIL E. LAMBINCORPORATEDARCHITECT

STAFFORD HOMESLIMITED

PLANNING CONTROLS

Official Plan Designation: Gen Industrial Uses (HPS) Site Specific Provision:

Zoning: M-Industrial Zone Historical Status:

Height Limit (m): Site Plan Control Area:

PROJECT INFORMATION

Site Area (sq. m): 19274.5 Height: Storeys: 4

Frontage (m): 92.36 Metres: 12

Depth (m): 205.75

Ground Floor GFA (sq. m): 2439 Total

Residential GFA (sq. m): 0 Parking Spaces: 42

Non-Residential GFA (sq. m): 9465 Loading Docks 1

Total GFA (sq. m): 9465

Lot Coverage Ratio (%): 12.654

Floor Space Index: 0.4911

DWELLING UNITS FLOOR AREA BREAKDOWN

Tenure Type: Above Grade Below Grade

Rooms: 0 Residential GFA (sq. m): 0 0

Bachelor: 0 Retail GFA (sq. m): 0 0

1 Bedroom: 0 Office GFA (sq. m): 0 0

2 Bedroom: 0 Industrial GFA (sq. m): 0 0

3 + Bedroom: 0 Institutional/Other GFA (sq. m): 9465 0

Total Units: 0

CONTACT: PLANNER NAME: Ruth Lambe, Senior Planner

TELEPHONE: (416) 396-7037