We are counsel to Condoman…

We are counsel to Condoman Developments Inc. (“Client”) with respect to the above-referenced matter.

Our Client seeks the block of land on the south side of Danforth Avenue, between Carlaw Avenue and Pape Avenue, Toronto (the “Block”) to be redeveloped with high density residential development. Within the Block, our Client specially seeks to develop a 30-storey, 270 unit residential building at 579-591 Danforth Avenue & 40 Gough Avenue, Toronto (the “Subject Site”).

The Block and the Subject Site are located approximately 200-300 metres away from the Pape Subway Station. The Block and the Subject Site are located within both the Pape Station PMTSA and the Chester Station PMTSA (the “PMTSAs”).

We write to provide our Client’s comments on the City of Toronto’s (the “City”) proposed Official Plan Amendment No. 540 (“OPA 540”) as it applies to the Chester Station PMTSA, SASP 615 (schedule 2 of OPA 540) and the Pape Station PMTSA, SASP 616 (schedule 3 of OPA 540). For ease of reference, we have attached the relevant excerpts from OPA 540 that apply to the Chester Station PMTSA and the Pape Station PMTSA at Appendix “A”.

Our Client is concerned that the minimum densities identified by the City for the Chester Station PMTSA and Pape Station PMTSA generally, and along Danforth Avenue specifically, are too low to facilitate transit supportive development that optimizes use of these lands and transit, especially as it relates to the Block and Subject Site.

As you know, one of the core objectives of provincial policy as reflected in the Provincial Policy Statement 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe is to increase density in protected major transit station areas and optimize use of these lands and transit. The portion of Danforth that falls within the PMTSAs is a prime location for increased density. The City’s current policy regime for these lands is deficient to encourage the level of density needed to support transit and optimize the use of these lands, and therefore it is also contrary to provincial policy. Our Client envisions Danforth within the PMTSAs, but more specifically the Block and the Subject Site, being redeveloped for high density development in the form of residential apartments.

To illustrate the issue as it applies to the Subject Site, OPA 540 sets a minimum density of 2.0 FSI. This minimum density is in fact lower than the as-of-right density permission that exists in the City’s Zoning By-law for the Subject Site, which is 3.0 FSI. A minimum FSI of 2.0, as proposed in OPA 540, is insufficient to facilitate transit supportive development that optimizes use of the land as it would not facilitate any form of mid-rise or high-rise apartment building on the Subject Site.

Request

Our Client requests the Province to revise the Chester Station PMTSA, SASP 615 (schedule 2 of OPA 540) and the Pape Station PMTSA, SASP 616 (Schedule 3 of OPA 540) to increase the minimum density for the Subject Site to 16.4 FSI. Our Client is seeking to redesignate 40 Gough Avenue from the existing Neighbourhoods designation to the Mixed Use Area designation, to round out the corner of Danforth Avenue and Gough Avenue to permit an appropriately sited development. This would facilitate a 30 storey, 270 unit apartment building on the Subject Site. This can be done by:

i. amending Map 2 to SASP 615 and Map 2 to SASP 616 to reflect this increased minimum density for the Subject Site; and

ii. adding language to Schedule 2 and 3 of OPA 540 to redesignate 40 Gough Avenue from Neighbourhoods to Mixed Use Area.

If our requested amendments are not made, and SASP 615 and SASP 616 are approved in the form as adopted by the City, these planning instruments will do little to achieve the Provinces minimum persons and job targets for these PMTSAs – which is set at a minimum of 200 persons and jobs per hectare.

The Subject Site

The Subject Site is a 1215 square metre (13,078 sq. ft.) parcel of land on the south side of Danforth Avenue, approximately 120 metres west of Pape Avenue. The entrance for Pape Station is located at the north west corner of Pape Avenue and Lipton Avenue, which is approximately 200-300 metres from the Subject Site. A location map showing the Subject Site and its proximity to Pape Station is attached at Appendix “B”.

The Subject Site is designated Mixed Use Areas and Neighbourhoods on Map 17 of the City’s Official Plan. An excerpt of Map 17 is attached at Appendix “C”. The Subject Site is zoned Commercial Residential 3.0 (c2.5; r2.5) SS2 (x2426) and Residential (d0.6) (x736) in the City’s Zoning By-law 569-2013. The City’s zoning map that applies to the Subject Site is attached at Appendix “D”.

Proposed Development

Our Client, on the basis of expert advice from its urban designer, land use planner, and other technical experts, seeks to redevelop the Subject Site with a 30-storey residential building with an FSI of 16.4. A building of this size would accommodate approximately 270 residential units on the Subject Site, which would make a meaningful contribution to the Province’s minimum resident and job target for the PMTSAs. This project will contribute to providing more affordable housing in the City by being at a scale that triggers the Province and City’s inclusionary zoning policies.

Our Client’s urban designer has done shadow studies on the proposed development and can demonstrate that there will be no undue adverse shadow impacts on any sensitive surrounding lands. Shadow is not an issue, and the proposed development will meet the relevant tests in the City’s OP. The concept block plan for the proposed development is attached at Appendix “E”. The proposed development is highlighted in orange on the concept block plan. The remainder of the block, highlighted in green, shows potential for other development to occur in the block outside of the Subject Site. The site in pink at 654-658 Danforth Avenue represents an existing development application that is currently before the City of Toronto for approval.

We thank you for your time in reviewing this submission. We would be pleased to discuss with you any of the above proposed amendments, or our concerns more generally, at your convenience. We look forward to the Province’s revisions to, and approval of, OPA 540.