Old Mill 10-Storey Condo Approved by City Council (26-12)

A battle to save 322 trees and stop development on green space along the Humber River was lost. On March 4, City Council approved a 10-storey condominium building on the upper parking lot across the street from the historic Old Mill Inn despite much opposition from councillors backed by KPRI, Old Millside Residents' Association, Swansea Area Ratepayers, Warren Park Ratepayers Association, Confederation of Resident & Ratepayer Associations in Toronto (CORRA - representing some 24 ratepayer associations city-wide, of which KPRI is a member), Humber Heritage Committee, Swansea Historical Society and many residences. 

A sense of being in a unique enclave of the city with a view of the vast Humber Ravine will soon be lost to urban development. A new precedent has been set along the Humber River and on green space throughout the city. For this development, it means rezoning the site from R2 to R6 and an amendment to the Toronto Official Plan to change the site from "Parks and Open Space Areas - Natural Areas" to "Apartment Neighbourhood". No where else in the immediate area is property rated R6. 

Councillor Peter Milczyn brought the motion before council in support of the application. He cites support for the project by staff - Toronto & Region Conservation Authority, Urban Foresty and City Planning. Staff have made recommendations, including an extensive ecological restoration and new trees to replace the ones cut down. However, staff only comment on the affects to the environment and make recommendations. They do not comment on whether it is good planning. Here is an example where the community is not empowered to stop development on green space and the City is not protecting, improving and adding green space as it said it would in the Toronto Official Plan.

Yours truly,
Board of Directors
Kingsway Park Ratepayers Inc.

Community Upset as City Approves Old Mill 10-Storey Condo

KPRI trying to find out how much the land was sold for: Community Upset as City Approves Old Mill 10-Storey Condo on Green Space

From KPRI Spring 2008 Newsletter

By: Anna Traer – KPRI Director

The Kingsway Park Ratepayers Inc. (KPRI), together with 25 ratepayer associations, 2 heritage and historical groups and some 200 residents, opposed the application for a 10-storey condominium building on land along the Humber River Valley and across from the historic Old Mill Inn (“the Land”). The Land is designated in the Toronto Official Plan as “Parks and Open Space Areas – Natural Areas” and it is part of Toronto’s Green Space System as described in the Toronto Official Plan.

All efforts to save 322 trees and stop this development on Green Space was dismissed by City Council on March 4, 2008 when Councillors voted 26-12 in favour of the development by the applicant, Sanek Investments Inc., on behalf of the owners of the Old Mill Inn. As a result, firstly, the Toronto Official Plan will be amended to change the site from "Parks and Open Space Areas - Natural Areas" to "Apartment Neighbourhood". Many residents believe that the integrity of the Toronto Official Plan has been weakened by the fact that its policies setting out to protect, improve and add to the Green Space System have not been upheld. Secondly, the Land will be rezoned for the third time as detailed below.

1. 1963 - rezoned from Second Density Residential Classification (R2) to Limited Commercial Classification provided that the Land's use was limited to automobile parking only in conjunction with the Old Mill. Note that in 1981, the Old Mill Inn and restaurant was exempted from zoning with respect to standards for restaurants because of the unique and distinct land use and significant historical, architectural and scenic interest of the Old Mill.
2. 1985 - rezoned from Limited Commercial to Private Open Space under a condition that no buildings are to be erected on the existing Old Mill parking area (further details below).
3. [2008] - approved by Council for rezoning from Private Open Space to Sixth Density Residential Classification (R6).

No where in the Staff Reports dated January 25, 2008 and February 11, 2008 were restrictive covenants prohibiting construction of any buildings on the Lands mentioned. No where else in the immediate area is property rated R6.
Councillors heard from the community, including deputations by KPRI on behalf of itself and the Confederation of Resident & Ratepayer Associations in Toronto (CORRA - representing some 24 ratepayer associations city-wide, of which KPRI and SARA are members), Old Millside Residents' Association, Swansea Area Ratepayers’ Association (SARA), Warren Park Ratepayers’ Association, Humber Heritage Committee and Swansea Historical Society. Almost every one was in opposition to the development. Below are approximate numbers of residents and associations that opposed the development during the City process.

• 70 residents at the Community Consultation Meeting held on April 17, 2007.
• 40 residents and 6 representatives of ratepayers’ associations, heritage and historical organizations, many of whom braved a winter storm and made a deputation before a fully packed chamber hall at the Etobicoke York Community Council meeting (“EYCC”) on February 12, 2008.
• 167 residents and 26 ratepayers associations sent a communication to the City Clerk, many of whom sought a deferral of the ‘Old Mill item’ before City Council on March 3 – 4, 2008 so that Staff Reports dated January 25, 2008 and February 11, 2008 could be reviewed for deficiencies.

Was 18 days sufficient time for the community that strongly opposed the development to review the Staff Report dated January 25 before EYCC on February 12? Was 1 day sufficient time to review the Supplementary Staff Report dated February 11 before EYCC?Was the development rushed through the City process?
Councillor Holyday’s motion to receive the Staff Report was narrowly defeated by City Council (15-21). If granted, it would have provided an opportunity for ratepayers and residents to bring information to Councillors so that their vote may be given with full knowledge of all issues in favour of and in opposition to the development. For example, 10 days after the vote, KRPI obtained a copy of the former City of York Council minutes of September 17, 1984. Item 831 dealt with the Land in which an amendment to the Official Plan and rezoning of the Land was conditional upon the execution of a three party agreement (City of York, Old Mill Investments Limited and Metropolitan Toronto and Region Conservation Authority) entitled “Agreement to Prohibit Erection of Structures”, whereby the City of York required that the Old Mill and Conservation Authority covenant with the City of York that no buildings are to be erected on the existing Old Mill parking area within the Regional Flood Plan as presently defined by the Conservation Authority and on the lands which are to be acquired from the City of York for the expansion of the Old Mill parking lot. This agreement was not dealt with in the Staff Reports. Neither did the Staff Reports highlight impacts on Parks and Open Space Areas - Natural Areas. 
Councillor Peter Milczyn’s motion to approve the application cites support for the development by staff - Toronto & Region Conservation Authority (TRCA), Urban Forestry and City Planning. Staff made recommendations, which included an extensive ecological restoration and replacement of trees cut down. Toronto Tree Advocate Joe Pantalone, in consultation with Peter Milczyn, brought amendments to the motion to ensure the applicant will replace trees by a 3:1 ratio. Is this ratio sufficient given that tree canopy replacement may require a greater ratio? Is it acceptable that many of the replacement trees will be planted in the parklands nearby since there is insufficient space to plant them on site? 
City Council will be required to approve the site plan subject to a community consultation process addressing concerns such as urban design, landscaping, sidewalk and traffic.
A sense of being in a unique enclave of the City with a view of the vast Humber Ravine is lost to urban development. A precedent has been set along the Humber River and on Green Space throughout the city. 

Should this development be brought before the Ontario Municipal Board? Should not City Council protect, improve and add to green space as it said it would in its own Toronto Official Plan? Only you can make a difference by having your say by talking to or writing your ratepayers' association and local Councillor what you think, and voting at the next municipal election.

Community Council, led by Peter Milczyn Approves 10 storey condo building

Votes against the condo application  were made by Messrs. Saundercook,Holiday and Ford.
Three thought provoking points brought up by speakers from the crowd of well over 100 persons who braved the heavy snow storm to attend the 6.30pm meeting were as follows:

1. The staff report was so poorly put together, no links referring to professional studies or materials were provided so that citizens could review supporting documentation from the comfort of their computer link up . The planning official  who addressed the meeting offered to have folks come on down to the office to review   print material . These vital pieces of professional opinion that buttress arguments  for complex issues should be available on the Internet  and its a scandal they are not. No reports made by the Toronto Conservation Authority, Parks and Forestry, or any engineering documents could be referenced by reading the staff report.  The lack of transparency was tangible.
2. The building's basement is so deep it will be below the river's water table, thus requiring a "Bathtub" footing concept to keep the lowest levels of the parking area dry. There was no information about soil types,  managing water run off from the site and no reference to any archaeological considerations either.
3. The objectives of the Official Plan to protect open and green spaces were dismissed by the extraordinary notion that since the site was degraded anyway by the leveling job done in the 1960's and the subsequent incursion of alien tree and vegetative species and the inability of all but the most intrepid naturalists to scale the poorly maintained  embankment, it would be better to accept a large donation of money and resources to fix the ecological problems by capping them with a 10 storey building , adding a bit of necessary parking space underneath, and tidying up the periphery- perhaps as much as 10,000 square meters worth , either in this district or somewhere else. The regular flooding of the lower parking area  on both east and west sides of the river was essentially ignored.

A large number of ratepayer groups and individual residents appeared and made thoughtful and well prepared presentations. It cannot be said that people in this city are ill informed or without motivation. What can be said is that an open area where the eyes could skim across the admittedly unfortunate car park on to a forested glade with a river glinting between the trees is about to be brought up short by a heavy squat 10 stories of condo apartments and the removal of some 322 mixed species of trees. The concept of repairing ecological damage done on the river banks from the public purse  was not even mentioned, let alone explored. The Old Mill's pressing need for additional parking can apparently only be done at this location.
The motion now goes before Toronto Council. Opportunities to review this state of affairs will be made available to the public. It feels somewhat after the fact, does it not?

Communications to Ward on 21 Old Mill Condo application

November 8, 2005 - 2007   - Prior to application being received by the City, the developer hosted a few (Planning Department thinks three) open houses.

January 2007 - Planning Department posted required sign on property advising of application details

January 30, 2007 - Preliminary Report submitted for inclusion on February 13th EYCC agenda

January, 2007 -  Councillor WARD e-update - Peter advised of Preliminary Report going to EYCC, time of meeting etc.

February 2007 - Councillor WARD e-update -  Peter advertised again the EYCC meeting on the 13th with Old Mill item on the agenda (preliminary report). Link to report available at this time.

April 2007 - Councillor WARD e-update -  Peter advertised Community Consultation meeting as per Planning Act and recommendations from EYCC on February 13, 2007 (meeting scheduled for April 17, 2007 at ECI)

April 2007 - Planning Department circulated their Notice of Community Consultation meeting - sent to area bounded west to PED, north to Queen Anne, east and south into Councillor Saundercook's Ward  (across Humber), Old Mill Terrace, as well as  PED south to Glenaden.

April 17, 2007 - Community Consultation Meeting hosted by Planning Department and Developer.  Councillor Milczyn attended.

November 2007 - Councillor WARD e-update  - Peter updated residents on status of application - Advised that we were waiting for final report from Staff at this point - anticipating January 2008.

February 2008 - Councillor WARD e-update  - Peter advised of EYCC meeting on February 12th and final report on the AGENDA.

February  2008 - Planning Department circulated their NOTICE OF PUBLIC MEETING as per planning act requirements, for Old Mill Final Report on EYCC February 12, 2008 (Councillor Milczyn requested special time of 6:30 pm so more could attend).  This notice was circulated to statutory limits of 120m, all parties interested, or anyone who attended meetings or emailed, mailed questions and letters or enquiries, were also advised from Planning.

written by Fiona Campbell