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 north side of Danforth Avenue, between Donlands Avenue and Caithness Avenue, Toronto (the “Block”) to be redeveloped with high density residential development. Within this block, our Client specifically seeks to redevelop a 28 storey residential apartment building at 1030 Danforth Avenue, Toronto. (the “Subject Site”).
The Block and the Subject Site are located approximately 100-200 metres away from the Donlands Subway Station. The Block and the Subject Site are located within both the Donlands Station PMTSA and the Greenwood Station PMTSA (collectively, 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 Donlands Station PMTSA, SASP 617 (schedule 4 of OPA 540) and the Greenwood Station PMTSA, SASP 618 (schedule 5 of OPA 540). For ease of reference, we have attached the relevant excerpts from OPA 540 that apply to the Donlands Station PMTSA and Greenwood Station PMTSA at Appendix “A”.
Our Client is concerned that the minimum densities identified by the City for the Donlands Station PMTSA and Greenwood 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 Subject Site. This is because it would not facilitate any form of mid-rise or high-rise apartment building on the Subject Site. It will also prolong the development timelines and delay new housing production by continuing the requirement for every property to undergo a site specific rezoning and the risk of tribunal appeal.

Request

Our Client requests the Province to revise the Donlands Station PMTSA, SASP 617 (Schedule 4 of OPA 540) and Greenwood Station PMTSA, SASP 618 (schedule 5 of OPA 540) to increase the minimum density for the Subject Site to 18.1 FSI. This would facilitate a 28 storey apartment building on the Subject Site. This can be done by amending Map 2 to SASP 617 and Map 2 to SASP 618 to reflect this increased minimum density for the Subject Site. Our Client also urges the Province to consider raising the minimum densities for other lands within these PMTSAs especially along Danforth Avenue.

If our requested amendments are not made, and SASP 617 and SASP 618 are approved in the form as adopted by the City, these planning instruments will do little to achieve the Province’s minimum persons and job targets for these PMTSA – which is set at a minimum of 200 persons and jobs per hectare.

The Subject Site

The Subject Site is a 1062 square metre (11,436 sq. ft.) parcel of land on the north side of Danforth Avenue, approximately 70 metres east of Donlands Avenue. The entrance for Donlands Station is located at the northeast corner of Donlands Avenue and Danforth Avenue, which is approximately 150 metres from the Subject Site. A location map showing the Subject Site and its proximity to Donlands Station is attached at Appendix “B”.

The Subject Site is designated Mixed Use Areas on Map 20 of the City’s Official Plan. An excerpt of Map 20 is attached at Appendix “C”. The Subject Site is zoned CR 3.0 (c2.0; r2.5) SS2 (x92) in the City’s Zoning By-law 569-2013. This site-specific zoning relates to a development proposal that was approved by By-law 1251-2016 to permit an 8-storey, mixed use building with a total of 52 residential units. This proposal was consistent with the 2014 Provincial Policy Statement, but now represents underdevelopment of the Subject Site in accordance with updated provincial policies including increased population and density targets. The City’s zoning map and By-law 1251-2016 that apply to the Subject Site are 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 28 storey residential building with an FSI of 18.1. A building of this height and density would have a floorplate of approximately 750 square meters, which generally aligns with the City of Toronto’s Tall Building Guidelines. A building of this size would accommodate between 172 and 247 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. It is notable that this site is already assembled, cleared, and ready to begin construction as soon as approvals can be obtained, unlike most other properties along Danforth Avenue.

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.

The concept block plan and shadow studies for the proposed development are attached at Appendix “E”. The proposed development is highlighted in blue on the concept block plan. The remainder of the block, highlighted in yellow, shows potential for other development to occur in the block outside of the Subject Site.

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.