March 18, 1998
To:Toronto Community Council
From:Commissioner, Urban Planning and Development Services, upon application by East of Bay Development
Corporation, 65 Overlea Blvd. Suite 300, Toronto, Ontario, M4H 1P1
Subject:Final Report : Application No. 197014 to amend the Official Plan and Zoning By-law for 909, 931, 935 and 945
Bay Street, 14, 16,20,26,30 and 38 Breadalbane Street and 11 and 25 Wellesley Street West (North Block - East of Bay
Lands) to permit the comprehensive redevelopment of the lands for residential and street-related commercial uses and a
public park (Downtown)
Purpose:
To report on recommendations to approve Official Plan and Zoning By-law amendments to permit development of the
north block of the East of Bay Lands at the south east corner of Bay and Wellesley Streets for approximately 825 dwelling
units, 4,180 square metres of street-related retail and service uses and a 2,017 square metre public park.
Recommendations:
1.That the City Solicitor be requested to submit draft by-laws to amend the Official Plan and Zoning By-law for the lands
known as 909, 931, 935 and 945 Bay Street, 14, 16, 20, 26, 30 and 38 Breadalbane Street and 11 and 25 Wellesley Street
West (North Block - East of Bay Lands), substantially as set out in Appendix A and B of this report dealing with such
matters as density, height, phasing, development parameters and conditions relating to Section 37 of the Planning Act.
2.That, prior to the introduction of the bills in Council, the owner shall have entered into an agreement authorized under
Section 37 of the Planning Act. This agreement must make provision for the facilities, services and matters as substantially
set out in Appendix C of this report dealing with such matters as the payment of $150,000 to the City for parks
improvement purposes, construction of lanes, conveyance of and improvements to public sidewalks and walkways,
environmental, parks conveyance and development, public art, urban design and various collateral matters.
3.That the owner be required to:
(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development;
(b)Provide and maintain a loading lane, at least 3.5 metres in width adjacent to the one-way portion of the driveway
system generally as shown on the Phasing Diagram (Drawing No. PD-1) dated September 4, 1997, prepared by Fliess Gates
McGowan Eastan Architects;
(c)Provide and maintain parking for the residential condominium units in accordance with the following ratios:
Type of UnitMinimum Parking Requirement
Bachelor units0.3 spaces/unit
1 Bedroom units0.7 spaces/unit
2 Bedroom units1.0 spaces/unit
3 or more Bedroom units1.2 spaces/unit
Visitor Parking Requirement0.06 spaces/unit
(d)Provide and maintain parking for the commercial component of the project in accordance with the minimum
requirements of the Zoning By-law;
(e)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 0.31 m wide strip of land to the full
extent of the site abutting the west limit of the north-south public lane extending northerly from Breadalbane Street, such
lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access
purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway
purposes;
(f)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 3 m wide strip of land and a 5 m wide
strip of land to the full extent of the site abutting the south limit of Wellesley Street West and the east limit of Bay Street,
respectively, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a
right-of-way for access purposes in favour to the Grantor until such time as said lands have been laid out and dedicated for
public highway purposes;
(g)Provide all Reference Plans of Survey, in metric units and referenced to the Ontario Co-ordinate System that will be
required for the various agreements, conveyances and /or land exchanges, including the lane and road widenings referred to
in Recommendation Nos. 1(e) and 1(f) above;
(h)Submit to the Commissioner of City Works Services dimensioned plans of the development for the purpose of
preparing site specific exemption by-laws and such plans should be submitted at least 3 weeks prior to the introduction of a
bill in Council;
(i)Submit to, and have approved by, the Commissioner of City Works Services, prior to the introduction of a bill in
Council, a Noise Impact Statement in accordance with City Council's requirements;
(j)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of City Works Services that
the development has been designed and constructed in accordance with the Noise Impact Statement approved by the
Commissioner of City Works Services; and
(k) Provide and maintain and operate the project in accordance with the noise impact and traffic impact measures,
facilities and strategies stipulated in the respective plan/studies approved by the Commissioner of City Works Services.
4.That the owner be advised that the storm water run-off originating from the site should be disposed of through
infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and
approval by the Commissioner of City Works Services of an engineering report detailing that site or soil conditions are
unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the
storm run-off.
5.That the owner be advised that in the event that a storm drain is required for the project, that it will be necessary to
connect the storm drain to the Wellesley Street West storm sewer.
6.That the owner be required to submit and have approved by the Commissioner of City Works Services, a grading and
drainage plan for the site prior to approval of the first site plan application for the site.
7.That the owner be advised of the City=s requirement for payment of a service charge associated with the provision of
City containerized garbage collection.
8.In connection with the Site Plan Review Applications to be submitted for each phase:
(a)Apply for revised municipal numbering to the Commissioner of City Works Services prior to filing a formal
application for each building permit;
(b)Provide additional details depicting the proposed location of the Type G loading space(s) within the service lane;
(c)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading
space(s);
(d)Provide and maintain 1 Type G loading spaces on the site, with a generally level surface and access designed so that
trucks can enter and exit the site in a forward motion;
(e)Construct the Type G loading spaces and all driveways and passageways providing access thereto to the requirements
of the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle loading with impact
factors where they are to be built as supported structures;
(f)Construct all driveways and passageways providing access to and egress from the Type G loading space(s) with a
minimum width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside
turning radii of 9 m and 16 m;
(g)Provide and maintain level, hard-surface service connections for the residential and commercial uses of each phase,
between the refuse/recyclable storage room and the loading space proposed to serve that phase;
(h)Provide and maintain service connections between the residential moving rooms, each commercial use and the
proposed loading lane;
(i)Agree to keep the designated loading space free and clear of parked vehicles on refuse/recyclable collection days;
(j)Provide details of the parking layout, including proposed location of knock out panels, details of the proposed physical
separation between the residential and non-residential components of the garage; and
(k)Provide details of the proposed tunnel under Breadalbane Street, if proposed.
9.That the lands conveyed to the City under Recommendation Nos. 3(e) and 1(f) above, be laid out and thereafter
dedicated, by the City, for public highway purposes.
10.That the owner be advised of the need to receive approval of the Commissioner of City Works Services for any work
to be carried out within the existing and proposed road allowance.
11.That the owner be advised of the need to obtain building location and streetscape permits from the Transportation
Department prior to the construction of this project.
12.That the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land
uses which could result in negative environmental effects to the subject site. This report should be submitted for review by
the Medical Officer of Health, prior to the introduction of a Bill in Council.
13.That the owner shall conduct a site audit for the identification of all hazardous materials on site. The removal of these
materials should be conducted in accordance with Ministry of Labour and Ministry of Environment and Energy Guidelines.
A report on the site audit should be submitted to the Medical Officer of Health for review, prior to the introduction of a Bill
in Council.
14.That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater
Management Plan which characterizes soil conditions and proposes remediation options to be submitted for approval by the
Medical Officer of Health, prior to the introduction of a Bill in Council.
15.That the owner shall implement, under the supervision of an on-site qualified environmental consultant, the Soil and
Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion
submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation
has been completed in accordance with the Soil and Groundwater Management Plan.
16.That the owner shall prepare a Dust Control Plan and submit this plan for approval by the Medical Officer of Health
prior to the issuance of any building permit and that the owner shall implement the measures in the Dust Control Plan
approved by the Medical Officer of Health.
17.That the provisions of the Section 37 agreement include the following broad terms and conditions respecting parks
matters:
(a)the conveyance of parkland on the site will coincide with the phasing of the development lands as is generally shown
on the Phasing Diagram denoted as PD-1, prepared by Fleiss Gates McGowan Easton Architects and dated March 6, 1998
and on file with the Commissioner of Planning and Urban Development Services, and will be such that the final area of the
Parklands shall be no less than 2 017 square metres, exclusive of the area taken up by stairwell access to the underground
garage;
(b)the owner will be responsible for the installation and maintenance of the interim parklands until a decision is made by
the Director of Development and Support, Toronto Parks and Recreation, to commence installation of permanent parkland
improvements which shall be no later than:
(i)5 years following occupancy of the Phase 3 development; or
(ii)following conveyance of the Phase 4 parklands;
whichever comes first; or
(iii)upon such other terms as may be agreed to by the owner and the city.
(c)the owner will provide on the day before issuance of each first building permit for each individual phase of the
proposed development, a Parks Contribution as follows (these values are as at March, 1998; the agreement will provide for
escalation to then current dollars depending on timing of construction):
(i)Phase 3:$331,388(ii)Phase 4:$403,498
(iii)Phase 5:$279,549(iv)Phase 6:$167,352
such Park Contributions shall be deposited into a segregated interest-bearing reserve fund that shall be designated as the
"East of Bay Parks and Vicinity Reserve Fund", such funds will be used solely for the purposes of permanent
improvements to the East of Bay Parklands, as well as parkland acquisitions and improvements within the boundaries of
Ward 24, in accordance with the recommendation of the Director of Development and Support, Toronto Area Parks and
Recreation.
(d)the details of the parkland conveyances and park contributions shall be in accordance with the requirements of the
Director of Development and Support, Toronto Parks and Recreation, and shall be set out in the Section 37 Agreement, in
accordance with existing precedent arrangements.
18.That subject to execution of the Section 37 Agreement, and in view of agreements made therein securing the
conveyance of 2 017 sq.m. of public parkland and the provision of the Park Contributions referred to in 17.(c) above, that
City Council authorize an amendment to Chapter 165, Article 1, Conveyance of Lands for Parks Purposes, of the Toronto
Municipal Code, to exempt therefrom the development of the lands to the extent permitted by the subject Zoning By-law
Amendment.
19.That upon the coming into force of the Official Plan and Zoning By-law amendments for the North Block, the
Commissioner of Urban Planning and Development report on the zoning of the East of Bay south block parkland (25
Breadalbane Street) from CR to G.
Background:
The north block of the East of Bay lands at the south east corner of Bay and Wellesley Street is owned by the Province of
Ontario through the Ontario Realty Corporation and is part of the Province=s land holdings in the immediate area which
have been incrementally redeveloped over the last five years. Past proposals on the north block have included the
Ballet-Opera House and housing development in 1989 and a social and market housing development in 1993. Both of these
proposals were not pursued further by the Province.
A redevelopment for the south block of the East of Bay lands (between Grosvenor and Breadalbane Streets) received Site
Plan Approval in 1996; the project complied with the Official Plan and Zoning By-law and required a lane closing to
proceed. The project, which is nearing completion, is comprised of 313 condominium units in two 16-storey buildings
aligned with Bay Street, with retail at-grade, a new public park on Breadalbane Street and below-grade parking.
As part of the south block approvals, all private development companies involved (East of Bay Development Corporation,
Goldlist Development Corporation and Korank Development Corporation) and the Ontario Realty Corporation entered into
a Master Plan Agreement with the City of Toronto. The agreement set out development parameters for the north block in
order to achieve development which would be consistent and complimentary to the south block.
Development of the south block included provision for the conveyance to the City of the surface rights of a 1,733 square
metre portion of the site known as 25 Breadalbane Street for a public park. This portion of the site is zoned for
approximately 6,700 square metres of residential development which the owner is proposing, through this current
application, be redeployed as residual density from the south block to the north block.
With respect to the current application, the old City of Toronto Land Use Committee adopted the Preliminary Report on
May 15, 1997. A public meeting was held by the Planning Advisory Committee in the community on June 24, 1997. A
second public meeting was held by the applicant on November 26, 1997 to present certain revisions to the project. The
issues raised by the public are addressed in Section 2.12 of this report.
The Official Plan and Zoning By-law amendment application is being processed in advance of separate Site Plan Approval
applications for the phased development of the north block. Phase I and II have been constructed on the south block while
Phases III, IV, V and VI are to be developed on the north block. The applicant filed for Site Plan Approval on February 4,
1998 for Phase III.
It should also be noted that on February 19, 1998, pursuant to Section 22(7) and 34(11) of the Planning Act, the applicant
appealed Council=s failure to adopt the Official Plan and Zoning By-law amendments which have been requested.
Comments:
1.0 Description of Project: Uses, Built Form and Density
The comprehensive redevelopment of the north block is to include approximately 825 condominium units built in four
phases, containing a total gross floor area of 78,400 square metres, including approximately 4,180 square metres of
street-related retail and service uses fronting on Bay and Wellesley Streets, a private recreation facility, below-grade
parking and a new 2,017 square metre public park.
The redevelopment includes four buildings, with a continuous podium aligned with Bay and Wellesley Streets and the east
edge of the new public park. Proposed buildings would be higher along Bay Street and lower in the interior of the site as
one moves east toward Yonge Street. The buildings will have a podium height along Bay Street and Wellesley Street West
expressed in stepbacks at the 7, 8 and 9 storey level before buildings rise to the heights set out below:
Proposed heights measured from the average grade proposed for the adjacent streets:
Phase:Stories:Proposed Height in MetresMeasured from Average Grade of:
III2778.50105.98 m. along Bay Street
IV3391.64106.22 m. along Bay Street
V930.00107.02 m. along Wellesley Street
VI1030.00105.99 m. along Breadalbane Street
The Zoning By-law permits an additional five metres for mechanical penthouses. 30.0 metres is listed for Phases V and VI
as this is the existing permitted height limit and it is not proposed to be changed.
Based on a site area of 15,018.5 square metres (3.71 acres, excluding a portion of the east/west city lane within the
proposed public park), the proposed density of the project is:
Gross Floor AreaDensity
Residential74,220 square metres4.94
Non-residential 4,180 square metres0.28
Total78,400 square metres5.22
The total residential gross floor area may be adjusted upward if the non-residential space is not fully built out. The total
proposed gross floor area above includes 6,734.2 square metres of gross floor area which was not constructed on the south
block of the East of Bay lands. The phasing statistics are as follows:
Phase Residential GFA Approximate Suite CountNon-Residential GFA
Square MetresSquare Metres
III21,490232 500
IV25,800259 975
V16,360170 2190
VI10,570120 515
The suite count is approximate. The by-laws are proposed to permit up to 825 units.
1.1Site and Surrounding Area
The lands comprising this application include the properties in the block bounded by Bay, Wellesley, Breadalbane Streets
and the existing lane which runs parallel and west of Yonge Street. The subject site does not include any Yonge Street
frontage. The site is currently used for parking and temporary open space purposes and is bisected by two city lanes. (See
Context Map).
The surrounding area contains a mix of residential, institutional and commercial uses. A provincial office complex
(buildings ranging in height between 49 and 100 metres) is located on the west side of Bay Street, the Sutton Place Hotel
(100 metres or 33 storeys) and Century Plaza at 24 Wellesley Street West (86 metres or 29 storeys) are located to the north
and the low-rise Yonge Street retail strip is to the east. Phase I and II of the Opera Place condominiums (16 storeys or 46
metres) and the existing downtown YMCA facility are to the south of the subject site.
The site is partially within the higher density Bay Street corridor which extends from Bloor Street south to the downtown
core and is partially within the area between Bay and Yonge Streets where the planning policies encourage a transition in
building height and density down to the lower scale pedestrian shopping area on Yonge Street.
1.2Planning Controls
(i)Official Plan
The subject site is split designated: High Density Mixed Commercial Residential Area AA@ along Bay Street and
Medium Density Mixed Commercial Residential Area for the remainder of the site, permitting up to 6.0 and 4.0 times the
area of the lot in gross floor area respectively.
(ii)Zoning By-law
The subject site is zoned CR T6.0 C1.0 R6.0 with a height limit of 46 metres on Bay Street and is zoned CR T4.0 C1.0
R4.0 with a height limit of 30 metres on the interior of the site along Wellesley and Breadalbane Streets.
(iii)Site Plan Approval
Development of the site is subject to Site Plan Approval. Each phase will be assessed as to its compliance with the overall
development parameters for the site.
(iv)Master Plan Agreement
As noted above, the site is subject to a Master Plan Agreement which provides general development parameters for the
site.
1.3Reasons for the Application
(i)The distribution of buildings on the site increases the density to 7.9 coverage, exceeding the 6.0 times coverage
permitted within the Bay Street frontage area which is designated High Density Mixed Commercial Residential Area AA@
in the Official Plan. Overall, the proposed density is 5.22 coverage.
(ii)The proposed building heights of 78.50 and 91.64 metres, exclusive of mechanical penthouses, exceed the permitted
46 metre height limit along Bay Street.
(iii)The proposal along Bay Street penetrates the 60 degree angular plane requirement of the Zoning By-law.
2.0Planning Considerations
2.1Comprehensive Redevelopment
The application proposes the comprehensive redevelopment of a major component of the East of Bay lands, lands which
were originally assembled in the 1970's by the Provincial government for various purposes. The benefits of comprehensive
redevelopment include the achievement of housing intensification objectives, provision of community amenities and high
quality urban design, all of which help to build the economic and social stability of this part of the downtown as a
mixed-use neighbourhood.
The development parameters for the site are set out in the Master Plan Agreement, the intent of which is to guide the
phased development of the north block in a manner which is compatible with the development of the south block and
achieves municipal planning objectives. The proposed development for the north block is in accordance with the Master
Plan Agreement in that it represents development which is compatible with the south block of the East of Bay lands
including such matters as the alignment and design of service lanes and the north and south components of the new public
park, the achievement of a compatible and consistent massing, the conceptual design and the public sidewalk and
pedestrian walkway treatment.
2.2Redeployment of Density
The massing and density on the north block is a partly a function of reallocating density from two locations:
a)approximately 6,700 square metres from the south block which was not developed at 25 Breadalbane Street
b)density attributable to the north block parkland (not including density attributable to the area of the city lane within the
parkland)
The appropriateness of redeploying the density has been evaluated based on physical planning considerations including
priority given to a high standard of urban design and the benefits associated with the establishment of the north/south park
in this neighbourhood. On a gross site basis for the two blocks of the East of Bay lands, no overall increase in density is
proposed.
2.3Built Form Impacts including Height Increase
The configuration of the built form has been reviewed to assess compliance with relevant built form policies of the Official
Plan including the physical impacts of shadow and wind, compliance with the light, view and privacy standards, impact and
relationship to the public realm and visual appearance with respect to terracing, stepbacks and the building=s relationship
to grade.
The proposal calls for two separate, relatively slender building towers sitting on a podium aligned with Bay Street. This
arrangement, in combination with the density proposed, generates the need for two main areas of zoning relief : the increase
in height and the penetration of the angular plane along Bay Street. This built form has been contrasted with a lower, more
boxy massing form which could potentially be constructed as-of-right. Key considerations in comparing these two
alternatives are: what impacts result and what benefits are derived from separating the massing into two towers along Bay
Street.
Shadow:
The proposed buildings allow sunlight to reach the east and west sidewalk of Bay Street for most of the required 3 hours at
median times of the year and both sidewalks of Wellesley Street West. Shadow conditions in the north block parkland
benefit from separating the massing along Bay Street allowing for later afternoon sunlight. The parkland otherwise benefits
from the low scale built form to the east and south which allows for a high level of sunlight throughout the morning and
afternoon hours.
Wind:
Wind tunnel testing has been undertaken to assess pedestrian comfort in pedestrian areas in and around the proposed
development. The conditions were found to be similar or improved when the proposal was compared to the development
which would be permitted as-of-right. The most significant improvements in wind conditions were measured at Bay and
Wellesley where the presence of the proposed buildings will have the effect of reducing the impact of northerly and
westerly winds.
Light, View and Privacy:
The proposed development achieves all light, view and privacy standards. In relation to the buildings on the north side of
Wellesley Street: the proposed north tower (Phase IV) and the Sutton Place are 30.2 metres apart above the podium of the
proposed building and 25.8 metres below the podium height. In addition, the two building footprints are offset so as to
provide views past, to the east and west. This arrangement creates a situation which exceeds the City=s standards for light,
view and privacy. Further to the east along Wellesley Street West, there will be, at its closest point, a 25.8 metre separation
between Century Plaza (24 Wellesley Street West) and the Phase V building. This arrangement also complies with city
standards.
With respect to buildings on site, no zoning relief is being requested and all building walls facing each other will have to
comply to minimum on-site separating distances of 11 metres. The Bay Street towers will be no closer than 12 metres at the
podium level and will generally be 16 metres apart.
Visual Impact:
The urban design of the development allows for continuity of built form, provides a sense of enclosure for the adjacent
streets and open spaces, respects street proportions and a quality pedestrian environment through the use of podia and
achieves a height transition west to east and north to south. The degree of building articulation and modulation, terracing
and stepbacks all add visual relief and interest.
The overall built form of Phase III and IV will be compatible with Phase I and II now under construction south of
Breadalbane Street. Phase V and VI along Wellesley Street and on the north side of Breadalbane Street will not exceed the
height limit and will be a continuation of the design principles employed in the rest of the project. The lower buildings of
the north block development will be adjacent and to the south of 24 Wellesley Street West which sits at an angle to the
street. This arrangement mitigates impacts and provides residents of 24 Wellesley with views west and south into the new
public park.
A particularly beneficial feature of the design will be the continuation of a colonnade and canopy treatment begun on the
south block providing weather protection for pedestrians. The final details of each phase will be determined as part of the
Site Plan Approval in accordance with the Urban Design and Site Plan Guidelines in the Master Plan Agreement which will
be carried forward in the Section 37 Agreement.
2.4a) Public Lane Issues
Two public lanes are affected by this application. The east west lane bisecting the site is to be closed and conveyed to the
developer. The surface rights of a portion of the lane which is located within the new public park are to be conveyed back
to the City at a later date, to be set out in an agreement between the City and the applicant. The north south lane is to closed
and conveyed. It will be replaced with a new north south lane aligned with an existing north south lane in order to provide a
straight and complete connection between Wellesley and Breadalbane Streets, providing access for properties fronting on
Yonge Street. The feasibility analysis for these closures has identified requirements to be addressed by the applicant
including improvements required for an existing Toronto Hydro vault.
In addition, the creation of the new north south lane created the need to merge remenant pieces of property with several
properties fronting on Yonge Street which was approved by the Committee of Adjustment in January, 1998. It is noted that
the owners of the abutting properties would extinguish their rights-of-way when the new lane outlet to Wellesley Street
West is completed.
The new north/south lane will be constructed by the applicant at their cost, to City specifications. The Commissioner of
City Works Services has also recommended a 0.31 metre widening of the existing north south City lane in order for the
final lane width from Breadalbane to Wellesley to have a uniform 6.1 metre width.
b)Proposed Private Lane System
The site will be serviced by a new U-shaped private lane system which will be established as the four phases on the north
block are established. The configuration of the lane will be modified several times as the phased development proceeds.
The final configuration will be as shown on Map 2 attached to this report. The detailed implementation of this private lane
will be addressed as part of the Site Plan Approval process for each phase.
Agreements entered into between the City and the applicant should protect the City=s interest in respect of the important
linkage between recommendations for the approval of Official Plan and Zoning By-law amendments and closing and
conveyancing of city lanes.
2.5Public Park Conveyance and Phased Development
The redevelopment of the East of Bay lands provides an opportunity to achieve a significant permanent new public open
space for this area of south midtown Toronto. The south and north block public parks will total 3,750 square metres or just
under one acre. This area combined with the 5 metre wide conveyance on the Bay Street frontage for a pedestrian
promenade represents 24 percent of the total site for open space purposes. Broken down, the south block park and
promenade area accounts for 48% of the south site while the north block park and promenade area accounts for 17% of the
north site. These figures do not include building setbacks on Wellesley Street for an improved sidewalk and two public
pedestrian walkways from Wellesley Street south into the north block park.
The south and north block parkland will be a strata conveyance as there will be below grade parking for the residential
development. The conveyance of land to a depth of 1.524 metres is required to permit mature development of landscaping
in addition to various performance requirements to the satisfaction of civic officials.
The Official Plan policies respecting parks speak to the need to establish adequate parkland as residential intensification
occurs and require an alternative requirement for large site rezonings to permit residential development (eg. large tracts of
industrial land being redesignated for residential). As the zoning of the East of Bay lands permit medium and high density
residential as-of-right and no overall density increase is sought, the alternative requirement does not apply. Further, the
Plan=s intent of achieving substantial parkland development in high density residential areas has been met through the
establishment of the park and promenade areas on both the south and north blocks of the East of Bay lands.
With respect to the south block park development and potential parks development in the vicinity of the site within Ward
24 including such opportunities as potential parks just to the east of Yonge Street, the proponent has advised that a cash
contribution of $150,000 is being provided to be secured in the Section 37 agreement. This is acceptable in consideration of
the nature of the amendments, the overall land area being dedicated and the parks contributions which will also be
generated to support the design and development of park land in a timely manner.
In addition, in view of the public parkland which is to be conveyed, the permanent improvements which are required for
the East of Bay park which total just under one-acre in size including the north and south block, as well as parkland
acquisition and improvement purposes within the vicinity of the site, it is being recommended that the site be exempted
from the Municipal Code requirements for Parks Conveyance purposes and in lieu thereof, that Parks Contributions in
respect of East of Bay be designated in an AEast of Bay Parks and Vicinity Reserve Fund@ for the purposes set out above.
The south and north block parkland will be designed and developed by the City in consultation with existing and new
resident client groups in the area and other interested parties such as the downtown YMCA. It is anticipated that the south
block parkland will be developed in 1998 and 1999.
The north block parkland development will take place in stages, first as interim landscaping treatment associated with the
phased development of the north block. The open space area is adjusted with each phase of development as the internal
U-shaped service lane is created. The objectives during this period of build-out are to establish an area which is as wide as
possible, to ensure that it is landscaped on a temporary basis throughout the period of time and to delay the City=s
obligations for permanent improvements and maintenance until such a time as it is desirable to do so, likely following
occupancy of Phase V or during construction of Phase VI. The agreements between the City and the applicant should
address phasing, interim landscaping, default dates in the event development or parkland conveyance does not occur,
construction impacts and other matters of concern to the civic officials as set out in the draft conditions contained in the
Appendix of this report.
2.6Streetscape and Public Walkways
The proposal includes the conveyance to the City of a 5 metre wide strip of land along Bay Street. This land will form part
of a pedestrian promenade which will be constructed to City standards with a double row of street trees. This setback area
will compliment setbacks areas on the west side of Bay Street and serve to greatly enhance pedestrian amenity in this area.
Two public walkways are planned to provide pedestrian access from the southeast corner of Bay and Wellesley Streets and
from Wellesley Street west of Yonge Street south into the new public park.
A 3 metre conveyance is required along Wellesley Street West for road widening and improvements. A further 2 metre
building setback is proposed to provide for an improved public sidewalk space.
These conveyances and improvements will enhance the amenity and accessibility of this area for both pedestrians and
vehicles. All streetscape and walkway improvements on public and private land will be constructed to the City=s
specifications at the developer=s cost.
2.7Environmental Remediation
The applicant has advised of their intention to commence the environmental remediation of the entire north block site in
advance of any development on the north block. This will include the lands to be dedicated to the City for lane purposes.
This work will be undertaken in compliance with the conditions required by the Medical Officer of Health. Required
reports are to be submitted and approved prior to the introduction of the bills in Council.
2.8Public Art
The applicant has presented and had approved a Percent for Public Art Plan by the Public Art Commission. The public art
budget will be allocated to the provision of integrated art works within the south and north block parkland and the Bay and
Wellesley Street setback areas and secured in the Section 37 Agreement.
2.9Transportation and Servicing
A traffic study was originally submitted to the City in conjunction with development on both the south and the north block
in 1996. As noted, the north block development includes a two-way north south public lane between Breadalbane and
Wellesley Street West, on-site servicing and private access lane and a widening on Wellesley Street. On the basis of
information and analysis submitted and the beneficial nature of the improvements proposed, the Commissioner of City
Works Services has advised that the traffic generated by the proposed development can be adequately accommodated by
the existing road network with the access configuration and lane system proposed.
Parking is to be provided in accordance with the City=s surveyed parking demand exhibited by other condominium
projects in the area in addition to parking for visitors and for commercial uses.
2.10Use
The development will be primarily residential with street related retail and service uses. The Zoning By-law currently
requires 60 percent of the frontage on Bay Street to be retail. In view of the comprehensive nature of this development and
the desirable role retail uses play in animating the street, I am recommending that the site specific by-law also require the
minimum 60 percent retail frontage on the south side of Wellesley Street West.
2.11Other Circulation Comments
(i)Metro Trunk Sewer: The development has been deemed to be included in the allocation of the Simcoe Trunk Sewer
capacity given that the total development density for the south and north block East of Bay lands does not exceed the
density permitted as-of-right.
(ii)I have been advised verbally by the Toronto District School Boards that no bjection will be raised with respect to this
application. The Toronto Separate School Board has not advised the City of its final position as of the date of this report.
2.12Issues raised by the Public
Two public meetings have been held in the community: one by the Planning Advisory Committee on June 24, 1997 and
one by the applicant on November 26, 1997. Issues raised at the meetings included the design and safety of the public
parkland, concerns about existing conditions in the area (safety, prostitution), parking for commercial uses, traffic impact,
building height and impacts.
The Sutton Place Hotel and the applicant have agreed on a height reduction to address concerns expressed by the Hotel
earlier in 1997. The applicant has reduced the north tower from 35 to 33 storeys; such a reduction in total height has been
provided, including the mechanical penthouse, sufficient to allow for the preservation of the existing panoramic view from
Stop 33 restaurant at the top of the Sutton Place Hotel, a prime concern of the Hotel.
I have received several letters from residents of 24 Wellesley Street West and the residential component of the Sutton Place
hotel (floors 19 to 32). Concerns have been expressed about the impact of the proposal on wind and sunlight conditions, the
need to maintain open space in the area and the further intensification of the neighbourhood. I have had regard for these
comments in discussions with the applicant and addressed these issues in this report. The applicant and city staff have also
met with the Condominium Executive of 24 Wellesley Street West to explain the proposal and the nature of the existing
development permission on the lands.
While this development is a substantial change from the existing temporary open space on the site today, it should be
emphasized that the site is zoned for substantial residential development. The City, in discussions with the province over
the last several years, and the community at many public meetings, has worked with the current applicant toward achieving
development which includes substantial public amenities and high quality urban design which will contribute in a way
which minimizes impacts and provides positive improvements to the general environment of this neighbourhood balanced
with the achievement of housing development goals.
2.13Implementation
The timing of the Official Plan and Zoning By-law amendments should be co-incident with the lane closing approvals
being requested by the applicant. Necessary agreements should be entered into prior to the introduction of the bills in
Council and should protect the City=s interests in respect of the timing of the lane closing and the potential development
scenarios in the event the phasing does not take place as proposed.
a)Official Plan Amendment
The Official Plan amendment recommended would permit the total density proposed and permit the use of Section 37 to
secure benefits in exchange for increases in height and density.
b)Zoning By-law Amendment
The Zoning By-law Amendment proposed would permit the height and density allocated to each phase of the development
with the required exemptions for height, density and the Bay Street angular plane. The By-law would also set out the
phasing and Section 37 provisions of the approval. The matters to be secured in the Section 37 Agreement are set out in the
Appendix of this report.
c)Site Plan Approval
Each phase will be subject to separate Site Plan Approval applications.
Conclusions:
The approvals recommended by this report will secure high quality development of the East of Bay lands in a
comprehensive, well-designed and orderly manner. The development will increase the economic and social stability of this
part of the central core, serve the housing intensification goals of the Official Plan and respect and achieve objectives for
physical form and amenity of public space.
The increase in height is in keeping with transitions in height within the area and complies with City standards with respect
to visual and physical impacts, light, view and privacy. The approvals recommended include a benefit package which
includes land and funding for a new park just under one acre in size, off-site parks funding, a new, fully constructed public
promenade on Bay Street, various pedestrian walkways bisecting the site, a new public lane, public art, full environmental
remediation and urban design standards for the future build-out of the site.
I am recommending approval of the Official Plan and Zoning By-law amendments recommended in this report.
Contact Name:Gregg Lintern
City Planning Division, East
Phone: 392-7363
Fax: 392-1330
E-mail: glintern@city.toronto.on.ca
Paul J. Bedford
Director, City Planning and Chief Planner
(p:\1998\ug\uds\pln\to981543.pln) - tm
APPLICATION DATA SHEET
Site Plan Approval: |
N |
|
Application Number: |
197014 |
Rezoning: |
Y |
|
Application Date: |
April 28, 1997 |
O. P. A.: |
Y |
|
Date of Revision: |
September 3, 1997 |
Confirmed Municipal Address:909, 931, 935, 945 Bay Street, 14, 16, 20, 26, 30, 38 Breadalbane Street, 11 and 25
Wellesley Street West.
Nearest Intersection: |
East side of Bay Street; north of Breadalbane Street and south side of
Wellesley Street West. |
|
|
Project Description: |
To construct a high density mixed use commercial/residential
development. |
Applicant:
East of Bay Dev. Corp.
65 Overlea Blvd. #300
421-3020 |
Agent:
East of Bay Dev. Corp.
65 Overlea Blvd. #300
421-3020 |
Architect:
Fliess Gates McGowan Easton
1129 Leslie Street
445-1136 |
PLANNING CONTROLS (For verification refer to Chief Building Official)
Official Plan
Designation: |
HDMCR"A" / MDMCR |
Site Specific
Provision: |
No |
Zoning District: |
CR T4.0 C1.0 R4.0; CR
T6.0 C1.0 R6.0 |
Historical Status: |
No |
Height Limit (m): |
30.0; 46.0 |
Site Plan Control: |
Yes |
PROJECT INFORMATION
Site Area: |
15018.5
m2 |
|
Height: |
Storeys: |
33 |
Frontage: |
|
|
|
Metres: |
91.64 |
Depth: |
|
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
|
|
Ground Floor: |
|
|
Parking
Spaces: |
786 |
|
|
|
Residential
GFA: |
74220.0
m2 |
|
Loading
Docks: |
2 |
B |
|
|
|
|
Non-Residential GFA: |
4180.0 m2 |
|
(number,
type) |
2 |
G |
|
|
|
|
Total GFA: |
78400.0
m2 |
|
|
|
|
|
|
|
|
DWELLING UNITS |
|
FLOOR AREA BREAKDOWN |
Tenure: |
Condo |
|
|
|
Land Use |
Above
Grade |
Below
Grade |
Total Units: |
825 |
|
|
|
Residential |
74220.0 m2 |
|
|
|
|
|
|
Commercial |
4180.0
m2 |
|
PROPOSED DENSITY |
|
|
Residential Density: 4.94 |
Non-Residential Density: 0.28 |
Total Density: 5.22 |
Status: |
Preliminary Report dated May 13, 1997 adopted by LUC on May 15, 1997. June 1997
public meeting. Applicant submitted revised drawings. |
Data
valid: |
March 6, 1998 |
Section: |
CP East |
Phone: |
392-7333 |
Appendix A
Proposed Official Plan Amendment
Section 18 of the Official Plan for the former City of Toronto is amended by adding as Section 18.__ the following text
and map substantially as set out below:
Lands known as 909, 931, 935 and 945 Bay Street, 14, 16, 20, 26, 30 and 38 Breadalbane Street and 11 and 25 Wellesley
Street West (North Block - East of Bay Lands).
1.Despite any of the provisions of this Plan relating to the residential and non-residential density pursuant to Section 37
of the Planning Act, Council may pass by-laws respecting the lot shown on Map 18. __ to increase the height limits and the
maximum residential gross floor area permitted on the lot to 74,220 square metres and to decrease the amount of
non-residential gross floor area permitted on the lot to 4,180 square metres, if the Owners of the lot are required by the
by-law to:
a)pay to the City of Toronto $150,000 in cash or provide security for that amount by letter of credit for park
improvements at the time a zoning by-law is passed pursuant to this amendment;
b)construct to City standards the new public lane east of the lot prior to the closing and conveyance of the existing lanes
on the lot;
c)provide space within the development for the construction of utility vaults and access holes;
d)provide improvements to the public boulevard and public sidewalk and parts of the lot adjacent to thereto or pay for
the improvements to be provided;
e)compliance with Noise Impact Statement
f)compliance with Soil and Groundwater Management Plan for the entire lot and the land to be conveyed to the City;
g)identify and secure in detail, obligations relating to the establishment of a park on the lot, including the maintenance
and repair of the underground parking structure, conveyance, indemnification, insurance, legal descriptions and plans of
survey, interim maintenance of the park, park improvements, letters of credit, public consultation, park utilities and
services, design and construction drawings, grading and fill and top soil quality and depth inspection, certifications, default,
warranties, remedial work, preparation and implementation of a tree plan, access and lighting of pathways, construction and
maintenance of the park, park design and changes, load bearing capacity of the roof of the underground structure, drainage,
the restoration of the park after construction, rough grading, ground and storm water management, phasing of park
improvements, operation of abutting private roadways, finished elevations, lighting of the park, condition of abutting lands
and structures, linkage of the park to Bay and Wellesley Street West, and provision of interim landscaping on all unfinished
Parcels;
h)amendments to the Section 37 Agreement as may required for each phase of development
i)convey a contiguous 2,017 square metre parcel of land to the City to create a new park on the lot, in whole or in phases
subject to agreement
j)not apply for the issuance of above grade building permits until the Medical Officer of Health of the City receives a
satisfactory site verification testing report, certification that the remediation of the lot has been completed in accordance
with the approved Soil and Groundwater Management Plan and verification that a Record of Site Condition has been
submitted to the Minister of the Environment and Energy
k)convey a five metre wide strip of land along Bay Street, for nominal consideration and free of encumbrances;
l)convey a 3 metre wide strip of land along Wellesley Street West for nominal consideration and free of encumbrances;
m)provide Public Art in accordance with the approved Public Art Plan;
n)provide and maintain satisfactory public walkways through the Wellesley and Bay Street frontages to the Park;
o)implement development in accordance with the Urban Design Guidelines;
p)convey to the City, at nominal cost, prior to the issuance of a building permit, a 0.31 metre wide strip of land to the full
extent of the lot abutting the west limit of the north-south public lane, free and clear of all encumbrances;
q)not apply for the issuance of above grade building permits until the Medical Officer of Health of the City receives a
satisfactory site verification testing report, certification that the remediation of the lot has been completed in accordance
with the approved Soil and Groundwater Management Plan and verification that a Record of Site Condition has been
submitted to the Minister of the Environment and Energy;
r)provides all Reference Plans of Survey, that will be required for the various agreements, conveyances and/or land
exchanges, including the lane and park conveyances and road widenings;
s)submits a satisfactory grading and drainage plan for the entire lot prior to approval of the first building permit on any
Parcel on the lot.
t)implement the facilities services and matters set forth in sections 1(1)(a) to (t) within the time frames provided for each
such facility, service or matter in the agreement referred to in section 1(1)(r);
u)enter into one or more agreements satisfactory to the City of Toronto, pursuant to Section 37 of the Planning Act, to
secure the facilities, services and matters required to be provided by subsections (1)(a) to (q) and such agreement is
registered on title to the lot as a first charge against the lands;
v)phase the development of the north block in accordance with the following maximum square metre limitations
identified by parcel on Map 18.__:
Phase Maximum ResidentialMaximum Non-Residential
Gross Floor Area Gross Floor Area
321,490500
425,800975
516,3602190
610,590515
2.Section 16.10 of the Official Plan for the former City of Toronto does not apply to the lands established as the new
north south public lane as widened provided the lands are conveyed to the City for fair market value.
Map to be attached showing lot, parcels for each phase, Bay and Wellesley Street West widenings, land conveyed for parks
and lane purposes.
Appendix B
Proposed Zoning By-law Amendment
That the Zoning By-law , By-law 438-86, as amended, be amended substantially set out below so as to:
(a)exempt the site from Sections 4(2)(a), 8(3)PART I 1, 8(3) Part I 1(3)(a) and 12(2)260 (i) of By-law 438-86, as
amended;
(b)permit the erection and use of a building, constructed in phases, in four above grade buildings, provided:
(i)the lot on which such buildings are located comprises at least those lands delineated on Map 2 attached to this report;
(ii)no part of the building above grade extends beyond the area shown on Map 2 attached to this report;
(iii)the heights of the building do not exceed the heights in metres above grade shown on Map 2 attached to this report
exclusive of parapets and rooftop structures and elements permitted by and complying with Sections 4(2) (a) (i) or (ii) of
the By-law 438-86;
(iv)not more than the gross floor area in square metres is erected and used in accordance with the following table:
PhaseMaximum ResidentialMaximum Non-residential
Gross Floor AreaGross Floor Area
321,490500
425,800975
516,3602,190
610,590515
(v)the parking facilities required by By-law 438-86 shall apply to each parcel of the lot except that parking shall be
provided only in an underground garage located on the lot and in the case of dwelling units, parking shall meet the
following standards:
not less than 0.3 parking spaces for each bachelor dwelling unit;
not less than 0.7 parking spaces for each one bedroom dwelling unit ;
not less than 1.0 parking spaces for each two bedroom dwelling unit;
not less than 1.2 parking spaces for each three or more bedroom dwelling unit, and
not less than 0.06 parking spaces for each dwelling unit, for visitors;
(vi)the lot is developed in not more than four phases as shown on Map 2 attached to this report
(v)non-residential gross floor area is restricted to street-related retail and service uses
(vi)at least 60 percent of the aggregate length of the portion of the frontage abutting Wellesley Street West is used for the
purpose of street-related retail and service uses
(vii)a loading lane, at least 3.5 metres in width adjacent to the 1-way portion of the portion of the internal at grade
driveway system is provided and maintained;
(viii)the owner of the lot, at their expense, enter into of a Section 37 Agreement in accordance with the Planning Act to
secure those facilities, services and matters set out in the Official Plan Amendment contained in Appendix A of this report;
2.Definitions:
(1)Colonnade means a covered publicly accessible pedestrian walkway with a row of columns along one side and an
exterior wall of the building along the other side, with a width, free of obstructions including columns and supports, of not
less than 3.5 metres and a clear height of not less than 6.5 metres, save and except for any canopy erected therein
(2)a)for the Phase 3 lands, grade means 105.98 metres Canadian Geodetic Datum;
b)for the Phase 4 lands, grade means 106.22 metres Canadian Geodetic Datum;
c)for the Phase 5 lands, grade means 107.02 metres Canadian Geodetic Datum;
d)for the Phase 6 lands, grade means 105.99 metres Canadian Geodetic Datum;
(3)height limit means the level above grade for each area shown outlined on Map 2 attached to this report;
(4)public art means site-specific artworks created to enhance the lot or City-owned lands through artistic interpretations
that range from independent sculpture to integrated architectural treatment and landscape design and within or clearly
visible from publicly accessible areas;
3.Section 12(6) of By-law 438-86 does not apply to the lands to be established as a new north south lane as widened
provided the lands are conveyed to the City for fair market value.
Maps to be attached showing lot, Parcels for each Phase, Bay Street and Wellesley Street West widenings, park and north
south lane conveyances substantially as set out on the Maps attached to this report.
Appendix C
Section 37 Agreement Provisions
The provision of the facilities, services and matters substantially as set out below shall be secured in a Section 37
Agreement between the City and the owner. Further reference should be made to the Final Report dated March 18, 1998
and to provisions contained in existing agreements entered into between the City and the owner including the January 23,
1997 Land Exchange Agreement and the April 30, 1997 Master Plan Agreement all of which shall form the basis of the
Section 37 Agreement, all to the satisfaction of the City Solicitor in consultation with the appropriate civic officials.
1.Urban Design and Site Plan Guidelines (including provision for public pedestrian walkways)
2.Environmental Remediation of the North Block
3.Conveyance of North Block Parkland / Support / Easements / Idemnity / Insurance and the development and funding of
North and South Block Parkland including such matters as set out in the Memo from the Director, Development and
Support, Parks and Recreation, Toronto dated March 17, 1998 including the establishment of the AEast of Bay Parklands
and Vicinity Reserve Fund@ comprised of Park Contributions from the phased development of the North Block
4.Payment of $150,000 to the City in respect of the increase in height and density on the lot
5.Bay Street Conveyance
6.Wellesley Street Conveyance and Setbacks
7.East/West Lane Conveyance
8.North/South Lane Replacement/Reconstruction
9.Public Art
10.Physical Improvements within City Right of Ways / On-site public pedestrian walkways
11.Transformer Vaults, Hydro, Bell and Sewer
12.Development Phasing
13.Noise Impact / Material Recovery and Waste Reduction
15.Other conditions required to protect City interests
Appendix D
Comments from Civic Officials
1.City Works Services, March 6, 1998
ARecommendations:
1. That the owner be required to:
(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development;
(b)Provide and maintain a loading lane, a least 3.5 m in width adjacent to the 1-way portion of the driveway system
generally as shown on the Phasing Diagram (Drawing No. PD-1) dated September 4, 1997, prepared by Fliess Gates
McGowan Eastan Architects;
(c)Provide and maintain parking for the residential condominium units in accordance with the following ratios:
Type of UnitMinimum Parking Requirement
Bachelor units0.3 spaces/unit
1 Bedroom units0.7 spaces/unit
2 Bedroom units1.0 spaces/unit
3 or more Bedroom units1.2 spaces/unit
Visitor Parking Requirement0.06 spaces/unit
(d)Provide and maintain parking for the commercial component of the project in accordance with the minimum
requirements of the Zoning By-law;
(e)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 0.31 m wide strip of land to the full
extent of the site abutting the west limit of the north-south public lane extending northerly from Breadalbane Street, such
lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access
purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway
purposes;
(f)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 3 m wide strip of land and a 5 m wide
strip of land to the full extent of the site abutting the south limit of Wellesley Street West and the east limit of Bay Street,
respectively, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a
right-of-way for access purposes in favour to the Grantor until such time as said lands have been laid out and dedicated for
public highway purposes;
(g)Provide all Reference Plans of Survey, in metric units and referenced to the Ontario Co-ordinate System that will be
required for the various agreements, conveyances and /or land exchanges, including the lane and road widenings referred to
in Recommendation Nos. 1(e) and 1(f) above;
(h)Submit to the Commissioner of City Works Services dimensioned plans of the development for the purpose of
preparing site specific exemption by-laws and such plans should be submitted at least 3 weeks prior to the introduction of a
bill in Council;
(i)Submit to, and have approved by, the Commissioner of City Works Services, prior to the introduction of a bill in
Council, a Noise Impact Statement in accordance with City Council's requirements;
(j)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of City Works Services that
the development has been designed and constructed in accordance with the Noise Impact Statement approved by the
Commissioner of City Works Services; and
(k) Provide and maintain and operate the project in accordance with the noise impact and traffic impact measures,
facilities and strategies stipulated in the respective plan/studies approved by the Commissioner of City Works Services.
- That the owner be advised that the storm water run-off originating from the site should be disposed of through
infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review
and approval by the Commissioner of City Works Services of an engineering report detailing that site or soil conditions
are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate
the storm run-off.
- That the owner be advised that in the event that a storm drain is required for the project, that it will be necessary to
connect the storm drain to the Wellesley Street West storm sewer.
- That the owner be required to submit and have approved by the Commissioner of City Works Services, a grading and
drainage plan for the site prior to approval of the first site plan application for the site.
- That the owner be advised of the City=s requirement for payment of a service charge associated with the provision of
City containerized garbage collection.
- In connection with the Site Plan Review Applications to be submitted for each phase:
(a)Apply for revised municipal numbering to the Commissioner of City Works Services prior to filing a formal
application for each building permit;
(b)Provide additional details depicting the proposed location of the Type G loading space(s) within the service lane;
(c)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading
space(s);
(d)Provide and maintain 1 Type G loading spaces on the site, with a generally level surface and access designed so that
trucks can enter and exit the site in a forward motion;
(e)Construct the Type G loading spaces and all driveways and passageways providing access thereto to the requirements
of the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle loading with impact
factors where they are to be built as supported structures;
(f)Construct all driveways and passageways providing access to and egress from the Type G loading space(s) with a
minimum width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside
turning radii of 9 m and 16 m;
(g)Provide and maintain level, hard-surface service connections for the residential and commercial uses of each phase,
between the refuse/recyclable storage room and the loading space proposed to serve that phase;
(h)Provide and maintain service connections between the residential moving rooms, each commercial use and the
proposed loading lane;
(i)Agree to keep the designated loading space free and clear of parked vehicles on refuse/recyclable collection days;
(j)Provide details of the parking layout, including proposed location of knock out panels, details of the proposed physical
separation between the residential and non-residential components of the garage; and
(k)Provide details of the proposed tunnel under Breadalbane Street, if proposed.
7.That the lands conveyed to the City under Recommendation Nos. 1(e) and 1(f) above, be laid out and thereafter
dedicated, by the City, for public highway purposes.
- That the owner be advised of the need to receive approval of the Commissioner of City Works Services for any work to
be carried out within the existing and proposed road allowance.
- That the owner be advised of the need to obtain building location and streetscape permits from the Transportation
Department prior to the construction of this project.
Comments:
Location
A rectangular parcel on the east side of Bay Street, extending between Breadalbane Street and Wellesley Street West.
Proposal
Construction of a 4-phase project (identified as Phases 3, 4, 5 and 6) consisting of 4 mixed-use towers and a park. The
project will contain approximately 825 condominium dwelling units and approximately 3,350 m5 of commercial space. An
underground garage containing a total of 786 parking spaces is proposed to extend beneath the entire project. No details
have been provided to date with respect to the layout or phasing of the parking garage(s) and location of knock-out panels
(if any).
Previous Application
The current proposal supercedes Rezoning Application No. 2339 for the site, which dealt with a mixed
office/retail/residential proposal.
Lane Closing
The project is contingent on the closing of an east-west public lane extending easterly from Bay Street and a north-south
public lane extending southerly from Wellesley Street West, and the opening of a new 6.09 m wide north-south public lane
extension to Wellesley Street West. The lane closing application is currently being processed under separate cover. There
are matters which must be satisfactorily resolved prior to the closing, including resolution of certain land
ownership/easement issues and the possible relocation of a Hydro transformer vault. Given that the first phase of
construction includes part of the east-west public lane proposed to be closed, it will be necessary to secure the construction
of the new lane outlet to Wellesley Street West, to City standards, prior to approval of the proposed rezoning.
Road Widenings/Conveyances
The plans show a proposed 5 m widening to the full extent of the site abutting Bay Street, and a 3 m widening coupled
with an additional 2 m wide setback to the full extent of the site abutting Wellesley Street West. In addition, a 0.26 m
widening is proposed along the west limit of the 5.49 m wide north-south public lane to be extended in conjunction with
the aforementioned Lane Closing Application.
The 3 m widening along the south side of Wellesley Street West was originally requested in connection with a previous
development proposal to, in part, accommodate passenger pick-up and drop-off activity associated with the then-proposed
Ballet-Opera House. There is merit in maintaining this requirement to improve traffic operations and pedestrian
environment in the area, and therefore, the widening requirement is being maintained in connection with the current
development application.
The proposed 5 m conveyance to widen Bay Street is consistent with the Phase 1 and 2 application currently under
construction on the block between Grosvenor and Breadalbane Streets. Although not required for public highway purposes
from a traffic perspective, the City secured the widening to provide for enhanced pedestrian environment and urban design
features. If a similar conveyance is required in connection with the current application, the applicant should be required to
submit an application to the Commissioner of City Works Services for improvements to the sidewalk/boulevard area
generally as shown on a Landscape Plan. These improvements must be acceptable to your Department and the owner must
agree to undertake such improvements in accordance with the plan approved by the Commissioner of City Works Services
within a reasonable period of time or, at the request of this Department, make a cash contribution to the City equal to the
value of the improvements for the work to be undertaken by the City as part of a comprehensive program. It will also be
necessary to identify the lands to be conveyed to the City as a separate PART on a Reference Plan of Survey.
The existing north-south public lane has a width of 5.49 m and in accordance with City Council policy for lanes serving
commercial properties should be widened to a minimum width of 6 m. The proposed conveyance of a 0.26 m wide strip of
land is in accordance with City policy, but in order to align with the proposed 6.1 m wide lane outlet, the widening should
be increased to 0.31 m. Requirements for the conveyance are set out in Recommendation Nos. 1(e), 1(f) and 1(g) above.
Work Within the Road Allowances
The proposal will include the installation of new sidewalk, decorative paving and trees within the abutting road
allowances. It will be necessary for the owner to submit a separate application to this Department in respect of the work.
The applicant is required to obtain building location and streetscape permits from the Transportation Department prior to
construction of this project. Other permits associated with construction activities (such as hoarding, pilling/shoring, etc.)
may also be required. The applicant is responsible for obtaining the applicable permits and should be advised to contact the
Road Allowance Control Section (RACS) at 392-4960 regarding the site-specific permit/licence requirements.
Proposed Tunnel
An earlier proposal for the East of Bay Lands located on the block to the south of this site indicated a proposed tunnel
under Breadalbane Street connecting the parking garages for the two projects. If the owner intends to proceed with the
tunnel application, further information should be provided on the plans which must be submitted for Site Plan Review for
the project.
Municipal Services
The existing water mains and storm and sanitary sewers in the vicinity of the site are adequate to accommodate the
proposed development.
It is noted that the development has been deemed to be included in the allocation of the Simcoe Trunk Sewer capacity
given that the proposed redeploying of unused density from the south block of the East of Bay development to the north
block (current proposal) results in a total development density for the East of Bay lands which is equivalent to the
Aas-of-right@ density.
Parking and Access
The proposed provision of about 786 parking spaces including 50 spaces for residential visitors and 34 spaces for the
commercial component satisfies the estimated demand for 779 spaces (based on the surveyed parking demand exhibited by
other condominium projects in the area) and the estimated Zoning By-law requirement, as far as can be ascertained, for 594
spaces. Given that the proposed unit mix has not been finalized, the parking requirement for the residential component, by
unit size should be secured in the Site Plan By-law as set out in Recommendation No. 1(c) above. The detailed parking
requirement could then be determined in accordance with the Site Plan By-law in conjunction with the Site Plan Review
applications to be submitted for each phase.
No details have been provided to date with respect to the commercial uses (e.g. retail, restaurant, office, etc.). Parking for
the commercial component should be provided in accordance with the minimum requirements of the Zoning By-law.
It will be necessary to physically separate the residential and commercial components of the parking garage. The
residential visitor spaces could be provided in either the residential component or the commercial component. These details
must be illustrated on the plans submitted for Site Plan Review.
Access/egress to and from the parking garage are proposed from an internal driveway connecting to Breadalbane Street.
The proposed access configuration is acceptable.
Traffic Study
A traffic study was undertaken by B-A Consulting Group Limited, and submitted under date of May 10, 1996, for the
Phase 1 and 2 lands, immediately to the south of the site. Comments were provided to the consultant, copy to your
Department, in an August 6, 1996 Departmental letter.
This study, which included an assessment of the traffic generated by Phases 3 to 6 of this development, has been
re-evaluated with specific reference to the current proposal. The latest proposal is for development of a total of 1138 units
(all phases) as compared to 1113 units considered in the Traffic Impact Study submitted in 1996. It is estimated the latest
proposal will generate less than 10 additional vehicle trips onto the road network during the peak hours compared to the
original proposal, with no more than one or two additional vehicles per hour added to any one turning movement. This
increase over the original traffic assessment figures is acceptable since it is well within the range of variation in day-to-day
traffic volumes and will have a negligible impact on the street system.
The introduction of the two-way public lane between Wellesley Street West and Breadalbane Street in conjunction with
this development will serve to provide an alternative choice for the site traffic accessing Yonge Street and Bay Street
northbound. In particular, it could be a benefit to northbound traffic flow at the intersection of Bay Street/Wellesley Street
West in the evening peak hour and eastbound left turn movements at the intersection of Breadalbane Street/Yonge Street in
the morning peak hour, both of which are forecast to experience some congestion and delay as a result of volume of
background traffic.
On the basis of the information and analysis submitted by the consultant, the traffic generated by the proposed
development can be adequately accommodated by the existing road network with the access configuration and lane system
proposed.
Refuse Handling, Storage and Disposal
The City will provide the residential components of the project with the bulk lift method of refuse collection service in
accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste. This requires the provision and
maintenance of a Type G loading space(s) designed so that trucks can enter and exit the site in a forward motion.
A continuous loading lane is proposed along the building side of the circular driveway off Breadalbane Street serving all
four buildings. The driveway is proposed to be one-way in a clockwise direction, except for short segments on the easterly
and westerly legs which provide two-way access/egress for the two proposed parking ramps to the underground garage.
This proposal is acceptable in principle subject to the following:
- The provision of adequate turning radii to enable trucks to enter from and exit to Breadalbane Street in a forward
motion. (This appears to have been provided for in the current plans);
- That the actual location of the Type G loading space(s) is (are) depicted within the loading lane by means of
pavement markings and/or different pavement treatment;
- The owner agreeing to keep the loading lane free and clear of parked vehicles on refuse and recyclable collection
days;
- That a concrete base pad with a slope not exceeding 2% be provided adjacent to the Type G loading space to store
the appropriate number of bins (to be determined in conjunction with the Site Plan Application to be submitted);
- That level service connections, paved in concrete or other hard surface, be provided between each
refuse/recyclable storage room for each building and the Type G loading space proposed to service that building,
details to be provided in conjunction with the required Site Plan Application; and
- That the Type G loading space and all driveways and passageways providing access thereto, be constructed to the
requirements of the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle
loading with impact factors where they are to be built as supported structures;
Requirements for garbage and recycling storage rooms and commercial collection will be determined in conjunction with
the more detailed project information to be supplied for the Site Plan Review Applications which are required for the 4
phases.
It is the policy of City Council to levy a service charge on all new developments, payment of which is a condition for
receiving City containerized garbage and recycling collection. The levy is currently $34.50 per month, including taxes,
multiplied by the number of garbage containers on site. The levy includes the provision and maintenance of City garbage
and recycling containers. Should the owner choose to provide private garbage containers, the levy will still be charged and
the containers must meet City specifications and be maintained privately at the expense of the building owner. Further
information regarding the above can be obtained by contacting the Operations and Sanitation Division at 392-1517.
Material Recovery and Waste Reduction
Eligibility for an exemption from the requirement for Material Recovery and Waste Reduction reports will be determined
in conjunction with the Site Plan Applications.
Noise Impact Statement
The owner is required to submit a satisfactory Noise Impact Statement for the project.
Storm Water Management
It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings,
whenever possible. Therefore, storm connections to the City sewer system will only be permitted if
it can be demonstrated that infiltrating storm water is not the ground is not feasible. Further information regarding storm
drainage can be obtained by contacting the Engineering Branch (telephone no. 392-6787).@
2.Metro Planning, October 7, 1997
AWe have reviewed the application from a Metropolitan perspective and have no objections to its approval subject to the
City confirming that the proposed development has been included in its plan for allocation of the Simcoe Trunk Sewer
capacity.
Sanitary flow from the subject development will drain to the Metropolitan Toronto mid Toronto Interceptor for treatment
at the Main Sewage Treatment Plan. As a result of construction of the Simcoe Trunk Relief Sewer, additional capacity for
sanitary flow for an equivalent population of 47,000 can now be allocated for redevelopment applications involving
rezoning to higher densities in the Interceptor=s drainage area in the City of Toronto.
This trunk sewer relief capacity may be the only capacity available for the next five years unless the expansion of the Main
Treatment Plant receives an early Ministry of Environment and Energy approval following an individual environmental
assessment, and approval of its construction by the new Council.
The applicant should be requested to investigate any opportunity to reduce the volume and rate of stormwater runoff and to
improve the quality of stormwater discharges in accordance with Metro=s Official Plan policies 177 to 179. Storm and
sanitary drainage from the proposed development should be separated and be consistent with the City of Toronto=s
programme of sewer separation.
Metro Works have advised us that the water supply for this area will be provided from our No. 2 pressure district and will
be adequate.
The Toronto Transit Commission have noted that there is an existing northbound bus stop on Bay Street, south of
Wellesley Street, and no driveway accesses should be located within 30m of the stop.@
3.Urban Planning and Development Services, Buildings Section, January 29, 1998
AOur comments concerning this proposal are as follows:
Description:Construct mixed-use development
Zoning Designation:CR T4.0 C1.0 R4.0/CR 6.0 C1.0 R6.0Map:50H 323
Applicable By-law(s):438-86, as amended
Plans prepared by:Fliess Gates McGowan Easton ArchitectsPlans dated:September 17, 1997
Zoning Review
The list below indicates where the proposal does not comply with the City=s Zoning By-law 438-86, as amended, unless
otherwise referenced.
1. |
The maximum permitted height of 46.0 metres for the portion of the lot wholly within the
CR T6.0 zoning district is being exceeded. Proposed is 100.0 metres. (Section 4(2)(a)) |
2. |
The requirements of Section 4(10)(a),(c) and (d) are to be complied with. |
3. |
The by-law limits the maximum combined non-residential gross floor area and residential
gross floor area to not more than 6.0 times the area of the portion of the lot located wholly
within the CR T6.0 zoning district: 35,275.56 square metres. The proposed building has
46,500.0 square metres of combined non-residential gross floor area and residential gross
floor area. (Section 8(3) PART I 1) |
4. |
The by-law limits the maximum residential gross floor area to not more than 6.0 times the
area of the portion of the lot located wholly within the CR T6.0 zoning district: 35,275.56
square metres. The proposed residential gross floor area of the building is 45,100.0 square
metres. (Section 8(3) PART I 3(a)) |
5. |
The windows of the dwelling units must be 11 metres from a window of another dwelling
unit located on the same lot. (Section 8(3) PART II 1(a)(i)) |
6. |
The windows of dwelling units must be 5.5 metres from a lot line that is not a street line.
(Section 8(3) PART II 1(a)(ii)) |
7. |
The requirements with respect to Astreet-related retail and service uses@ are to be
complied with (Section 12(2) 259) |
8. |
The proposed building is to be within a 60 degree angular plane measured at a height of 34
metres above the average elevation of the sidewalk along the Bay Street frontage (Section
12(2) 260(i)) |
9. |
Please note that this report will be subject to change as the plans submitted improve. |
Other Applicable Legislation and Required Approvals
1. |
The proposal requires Site Plan approval under Section 41 of the Planning Act. |
2. |
The proposal requires conveyance of land for parks purposes, or payment in lieu thereof
pursuant to Section 42 of the Planning Act. |
3. |
The proposal DOES NOT require City Council=s approval pursuant to the provisions of
the Rental Housing Protection Act, 1989. |
4. |
The property is located in a heritage conservation district, and the proposal requires the
approval of Heritage Toronto under the Ontario Heritage Act. |
5. |
The issuance of any permit by the Chief Building Official will be conditional upon the
proposal=s full compliance with all relevant provisions of the Ontario Building Code.@ |
4.Public Health, August 18, 1997
Thank you for your request of May 20, 1997 to review and comment on the above referenced application. Staff at
Environmental Health Services (EHS) have reviewed this application and offer the following comments.
Comments:
The applicant proposes to construct a High Density Mixed Use Residential/Commercial development. A review of the files
available to us indicates that this site was zoned industrial in 1949.
Additional information is required by EHS staff in order to adequately conduct a review of the environmental conditions at
the subject site. This should include a Historical Review, Site and Building Audit, Soil and Groundwater Management Plan
and a Dust Control Plan, details of which are included in the enclosed attachment.
This information will help to identify any environmental concerns with respect to the subject property.
Recommendations:
1.That the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land
uses which could result in negative environmental effects to the subject site. This report should be submitted for review by
the Medical Officer of Health, prior to the introduction of a Bill in Council.
2.That the owner shall conduct a site audit for the identification of all hazardous materials on site. The removal of these
materials should be conducted in accordance with Ministry of Labour and Ministry of the Environment and Energy
Guidelines. A report on the site audit should be submitted to the Medical Officer of Health for review, prior to the
introduction of a Bill in Council.
3.That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater
Management Plan which characterizes soil conditions and proposes remediation options to be submitted for approval by the
Medical Officer of Health, prior to the introduction of a Bill in Council.
4.That the owner shall implement, under the supervision of an on-site qualified environmental consultant, the Soil and
Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion
submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation
has been completed in accordance with the Soil and Groundwater Management Plan.
5.That the owner shall prepare a Dust Control Plan and submit this plan for approval by the Medical Officer of Health
prior to the issuance of any building permit.
6.That the owner shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.
By copy of this letter please inform the applicant with respect to this matter. If you have any questions contact me at
392-7685".
5.Parks and Recreation, March 17, 1998.
The following comments are provided with respect to the proposed development of Phases 3 through 6, the North Block,
of the East of Bay lands. It is my understanding that a Section 37 agreement will secure matters related to project phasing,
required parkland conveyances and parkland improvements, including but not limited to interim and long terms
maintenance responsibilities, timing of conveyances and parkland improvement contributions, interim site and parkland
landscaping, and park utilities and services. Further, issues relating to each site, such as streetscape improvements, on-site
landscaping and other site specific matters will be secured as part of the individual applications for Site Plan Approval. I
would ask that you ensure that proposed activities to occur within and abutting the Aring road@ around the park seek to
animate and enrich parkland activities; service functions within the lane should be well-designed and integrated into the
building, parking should not be permitted on the lane, etc.
The funding contribution attributable to the S. 37 bonus is to be allocated in the following manner: First to East of Bay
Parkland improvements; and any remaining funds to parkland improvements in Ward 24.
With respect to the proposals around parkland and park improvements for the site, the attached draft terms and conditions
generally represent the agreements that have been reached with the owner=s representatives. We will work closely with
legal and planning staff on the detailed wording of the various provisions for the agreement over the next few weeks. The
following recommendations should be included in your report:
That the provisions of the Section 37 agreement include the following broad terms and conditions:
(a)the conveyance of parkland on the site will coincide with the phasing of the development lands as is generally shown
on the Phasing Diagram denoted as PD-1, prepared by Fleiss Gates McGowan Easton Architects and dated March 6, 1998
and on file with the Commissioner of Planning and Urban Development Services, and will be such that the final area of the
Parklands shall be no less than 2 017 square metres, exclusive of the area taken up by stairwell access to the underground
garage;
(b)the owner will be responsible for the installation and maintenance of the interim parklands until a decision is made by
the Director of Development and Support, Toronto Parks and Recreation, to commence installation of permanent parkland
improvements which shall be no later than:
(i)5 years following occupancy of the Phase 3 development; or
(ii)following conveyance of the Phase 4 parklands;
whichever comes first; or
(iii)upon such other terms as may be agreed to by the owner and the city.
(c)the owner will provide on the day before issuance of each first building permit for each individual phase of the
proposed development, a Parks Contribution as follows (these values are as at March, 1998; the agreement will provide for
escalation to then current dollars depending on timing of construction):
(i)Phase 3:$331,388(ii)Phase 4:$403,498
(iii)Phase 5:$279,549(iv)Phase 6:$167,352
such Park Contributions shall be deposited into a segregated interest-bearing reserve fund that shall be designated as the
"East of Bay Parks and Vicinity Reserve Fund", such funds will be used solely for the purposes of permanent
improvements to the East of Bay Parklands, as well as parkland acquisitions and improvements within the boundaries of
Ward 24, in accordance with the recommendation of the Director of Development and Support, Toronto Area Parks and
Recreation.
(d)the details of the parkland conveyances and park contributions shall be in accordance with the requirements of the
Director of Development and Support, Toronto Parks and Recreation, and shall be set out in the Section 37 Agreement, in
accordance with existing precedent arrangements.
That the Planning report include the following recommendation with respect to the Parks Levy:
(__)subject to execution of the Section 37 Agreement, and in view of agreements made therein securing the conveyance
of 2 017 sq.m. of public parkland and the provision of the Park Contributions referred to in ____ above, that City Council
authorize an amendment to Chapter 165, Article 1, Conveyance of Lands for Parks Purposes, of the Toronto Municipal
Code, to exempt therefrom the development of the lands to the extent permitted by the subject Zoning By-law Amendment.
Attached are draft provisions dealing with Parkland matters. These provisions are largely taken from existing precedent
park arrangements.
Please feel free to contact Rob Watson of my staff (2-0582) should you have any questions or require any further
clarification.
DRAFT PARK AND PROVISIONS
EAST OF BAY - PHASES 3 - 6 DEVELOPMENT LANDS
Conveyance of Parkland:
With respect to each phase of the project, conveyance of the Parkland shall occur prior to the earlier of:
i)prior to the first occupancy of the respective residential condominium buildings; or
ii)prior to the release of the final plan of the respective condominium for registration.
the owner shall convey to the City the lands generally identified as:
i)the surface area of the lands identified as Interim or Proposed Park on the Phasing Diagram denoted as PD-1, prepared
by Fleiss Gates McGowan Easton Architects and dated March 6, 1998 and on-file with the Commissioner of Planning and
Urban Development Services on March , 1998.
ii)the 1.524 metre required strata depths of the above-noted parklands, such conveyance shall not include the sub-surface
elements, ventilation equipment related to the sub-surface elements, stairwell access/egress related to the sub-surface
elements or the "Garage Protection System" which may be installed above the concrete slab, or any vehicular/pedestrian
circulation/access requirements related to the Development Lands. For the purposes of this agreement "Garage Protection
System" means:
AAll those facilities and appurtenances constructed and owned by the Owner and located in the Subsurface Property
between the roof of the underground parking garage and the lowest levels of the Lands, without limiting the foregoing, this
includes the waterproofing membrane on top of the filter cloth, the roof drainage system, and any other facilities that may
be constructed by the owner to protect the garage roof slab.@
Park Area:
The owner shall provide a strata conveyance of public parkland not less than 2017 square metres in size, exclusive of the
stairwell structure. Such strata conveyance shall be in accordance with the requirement s of the Director of Development
and Support, Toronto Parks and Recreation.
Required Plan of Survey and As Built Survey Plan:
Prior to conveyance of the Parklands to the City and prior to installation of the Interim Landscaping, the Owner shall have
prepared and shall submit for review and approval by the City a Plan of Survey which represents the as-built condition of
the underground structural elements below the parklands which construction is to have occurred consistent with the strata
descriptions set out above in _____, such that the parkland will generally have 1.524 m soil depth above the garage
protection system. The Plan of Survey shall be prepared in a form acceptable to City Works Services, in consultation with
Parks and Recreation.
Temporary Parkland Improvements
The owner shall prepare a plan detailing the proposed temporary improvements to the initial parkland conveyance for
review and approval of the Director of Development and Support, Toronto Parks and Recreation. Such improvements shall
be carried out by the owner, at the owner=s expense and in accordance with the approved plan.
Condition of Parkland upon Conveyance:
The owner shall provide in connection with the parklands that are to be conveyed as part of the development of each of
Phases 4, 5 and 6 (described above in ____), "Interim Landscaping". For the purposes of this agreement "Interim
Landscaping" shall include "Backfill", "Topsoil" and "Sod" such that:
All Backfill material used to restore the grade and elevation of the said lands shall meet the unrestricted land use criteria
set forth in the Ontario Ministry of the Environment=s interim soil management policy , including without limitation, that
such backfilled material shall be selected material from excavation or other sources for the use intended, unfrozen and free
of rocks larger than 75 mm, cinders, ashes, sods, refuse or other deleterious materials; all backfill material shall be
approved by Parks and Recreation prior to its installation. All backfill material is to be compacted to 80% standard proctor
density and that the backfilled material should include, as a top layer, a minimum of 4 inches of topsoil that has been fine
graded to remove all debris and stones. Prior to installation of the Backfill material, the owner shall request a representative
of the Director of Development and Support, Toronto Parks and Recreation, to inspect and approve the said material prior
to it being used on the site.
"Topsoil@ shall mean fertile, friable, natural loam, containing not less than 4% organic matter for clay loams and not less
than 2% organic matter for sandy loams, to a maximum of 15%, and capable of sustaining vigorous plant growth, free of
sub-soil contamination, roots and stones over 50 millimetres in diameter, soil sterilants and growth inhibitors, reasonably
free of weeds, and having a pH range from 6.0 to 7.5.
The owner shall install the Sod, including installation of a 50 mm diameter water line for watering the sod, all to the
satisfaction of Parks and Recreation in accordance with good landscaping/horticultural practices. For the purposes of this
Subsection ASod@ shall mean Certified No. 1 cultivated turf grade sod, grown in accordance with Metric Guide
Specifications for Nursery Stock prepared by the Canadian Nursery Trades Association and to be:
i)Number 1 Kentucky Bluegrass grown from minimum 60 % Kentucky Bluegrass and 40 % Creeping Fescue;
ii)in healthy, vigorous growing condition at the time of installation; and
iii)kept moist and protected if it cannot be laid immediately upon arrival on the site.
Interim Maintenance of Parkland:
Subsequent to the conveyance of the initial Parklands to the City, the owner shall be responsible for, but not limited to, the
maintenance, insurance, taxes, charges and the like until the City commences installation of permanent improvements in
accordance with Section ___ of this agreement. The owner shall maintain the Initial Parklands and the Temporary Parkland
Improvements in a manner consistent with other public parklands owned and operated by the City of Toronto, until such
time as the City commences Permanent Parkland Improvements in accordance with ___ of this Agreement. During this
maintenance period, the owner shall insure the Initial Parklands in a manner as would normally be secured by a prudent
owner from time to time to 100% of the replacement value of the Parkland against loss or damage by perils of "all risks"
(being the perils from time to time included in the standard form of "all risks" policy issued by insurers from time to time)
to the extent available and generally obtained from time to time by owners of park development properties in the City. Such
policies shall, in addition, insure both the City and the Owner during all phases of construction and maintenance by the
Owner as their interests may appear.
The owner shall also be responsible for the maintenance of the subsequent parkland conveyances which are improved in
accordance with the basic standards referred to in ____ until such time as the city formally accepts responsibility for the
parkland as conveyed.
Timing of Interim Landscaping and Parkland Conveyance:
The Interim Landscaping and conveyance of the respective phases of Parkland to the City shall occur in accordance with
the phasing plans and be completed the earlier of:
i)prior to the first occupancy of the respective residential condominium buildings; and
ii)prior to the release of the final plan of the respective condominium for registration.
Upon conveyance, the Interim Landscaping shall be completed to the city=s specifications. (Securities to ensure this is so?
Description of City Parkland Ownership:
For clarity, the conveyance of Parkland to the City shall include the ownership in fee simple of the surface, strata below
grade (described in provision __ above) and of all air space lying above the Parklands.
In order to ensure that adequate funding is available for permanent park improvements on the East of Bay Lands and for
the acquisition of local area parkland and for carrying out local area parks and recreation improvements, as appropriate,
within the boundaries of Ward 24, the owner will deposit the Parks Contribution attributable to each phase of the
development in a segregated interest-bearing reserve fund which will be designated as the "East of Bay Parks and Vicinity
Reserve Fund".
Parkland Improvement Contribution:
The Parkland Contribution shall be the following amounts:
(i)Phase 3:$331,388(ii)Phase 4:$403,498
(iii)Phase 5:$279,549(iv)Phase 6:$167,352
Such amounts are valued as at March, 1998, and upon payment shall be escalated in accordance with the Construction
Price Statistics, dated at Toronto ... to the date of the issuance of the building permit for the respective development phase.
In view of the conveyance of parkland, contributions to improvements and other payments, the City agrees to process an
amendment to Chapter 165, Article 1, Conveyance of Lands for Parks Purposes of the Toronto Municipal Code, to exempt
therefrom such development as is permitted and only to the extent permitted by the Zoning By-law Amendment for the
subject development lands.
Permanent Improvements to the Parklands
The City will carry out permanent improvements to the public parkland conveyed pursuant to the subject agreement as
follows:
i)5 years following occupancy of Phase 3; or
ii)following conveyance of the Phase 4 parklands
whichever comes first; or
iii)upon such other terms and conditions as may be agreed to by the owner and the City.
Construction Access
Construction access to subsequent development sites is intended to occur via the remaining undeveloped (Provincial)
lands, the interim treatment of these lands and the construction impact on the interim or final park should be carefully
considered as part of Development Review for each phase, including fencing, dust control, safety, etc. to the satisfaction of
Parks and Recreation.
As Built Garage Construction Drawings:
Upon conveyance of the Parkland to the City, the Owner shall provide a complete set of as-built construction drawings
detailing the sub-surface elements constructed under the Parkland. Following any subsequent alterations to the sub-surface
elements, the Owner agrees to provide the City with revised as-built construction drawing details.
Easements Each to the Other:
The conveyance by the Owner to the City of the Parkland shall reserve each to the other, such easements as are required for
the intended use of the Parkland and for the purpose of maintaining and repairing that portion of any structure beneath the
Parklands recognizing the need for, without limitation, life safety systems, utilities, drainage, support, access, ventilation,
repair or rebuilding and such other easements, satisfactory to the Parks and Recreation, acting reasonably, in respect of the
construction of surrounding buildings, provided such interruption is for as minimal a period as possible and provided the
Parklands are restored at no cost to the City to their former state. Without in any way limiting the generality of the forgoing,
the conveyance by the Owner to the City of the Parklands shall reserve in favour of the Owner, at nominal cost, an
easement(s) to allow the Owner to construct, use maintain, repair and replace the stairwell structure. The aforesaid
easements shall be approved by the City Solicitor, acting reasonably, and in consultation with Parks and Recreation.
The exercise of the rights granted pursuant to the aforesaid easements or encroachments to repair, rebuild or reconstruct
the sub-surface structural elements and/or the Garage Protection System, or any other structure or utilities which may exist
beneath the Parkland, shall, except in an emergency, require sixty (60) days prior notice to the other party, and where
reasonably possible shall be scheduled in whole or in part during the period between October 1 and April 30 of the
following year. The owner shall be responsible for all costs of necessary repairs to the Parklands in the opinion of the
Director of Development and Support, Toronto Parks and Recreation, resulting from the exercise of these rights by the
owner.
Load Bearing Requirements for Sub-Surface Slab:
The concrete roof slab, foundations, underpinnings, support columns and all other support structures of all sub-surface
elements shall be designed, engineered and constructed such that they will be adequate and sufficient to support and
withstand the loads imposed by a completed mature park landscape, including but not limited to mature trees, park service
vehicles, playground or other equipment normally found in a local park, a water feature, the use of the area for the assembly
of people and a general soil depth above the Garage Protection System of 1.524 metres. The parties agree that the
provisions of this paragraph shall in no way act to commit the City to provide such facilities in the park in the future.
Grades:
Prior to installation of the Interim Landscaping, the owner shall provide for approval by Parks and Recreation a plan
identifying the grading proposed for the Temporary Park Improvements in connection with Phase 3 and the Interim
Landscaping in connection with each of Phase 4, 5 and 6, such that the final elevation of the completed park surface shall
be consistent with the grades of the abutting public streets and adjacent properties and graded in a manner that permits the
site to drain freely. Prior to installation of the Sod, the owner shall request a representative of the Director of Development
and Support, Toronto Parks and Recreation, to inspect the site to ensure that the final grading meets with the approval of
Parks and Recreation.
Air Intake Structures:
Any air intakes which may be proposed for the Parklands shall be an intake air supply shaft and shall at no time be used as
an exhaust vent.
Public Art:
The parties agree that a portion of the Public Art budget will be allocated to the provision of special elements within the
Parkland. In this regard, the owner shall use every effort possible to ensure that the process for the selection of the public
art shall be consistent and concurrent with the process for the Permanent Park Improvements to be carried out by and under
the direction of the Director of Development and Support, Toronto Parks and Recreation, at a later date. The arrangements
respecting Public Art to be located within the Parkland shall detail the ownership of the art, maintenance provisions,
integration within the permanent park, among other relevant matters, to the satisfaction of Parks and Recreation and
Planning and Urban Development Services.
Rezoning of Parklands to "G":
The Owner does not object to the City rezoning the Parkland to a "G" zone designation, provided such zoning permits the
continued existence of an underground parking structure.
Appendix E
Minutes of Public Meeting
June 24, 1997
Planning Advisory Committee
held at YMCA, 20 Grosvenor Street
Attending:
John O=GradyPlanning Advisory Committee
Gregg LinternUrban Development Services
Deborah PorteUrban Development Services
Rob WatsonCommunity Services
For the Applicant:
Sharyn VincentVincent Planning
Terry LustigEast of Bay Development Corporation
Richard KuchynskiOntario Realty Corporation
Terry McGowanFliess Gates McGowan Easton Architects
Connie TintinalliFliess Gates McGowan Easton Architects
Approximately 15 members of the public
Mr. O=Grady gave an introduction.
Mr. Lintern gave an overview the history of the site, the development guidelines for the site, the south block development
under construction, the north block development proposal and the reasons for the application.
Mr. McGowan gave an overview of the proposal including the guidelines for the site, mid-block park, the configuration of
the massing, promenade area along Bay Street and the servicing.
Questions/Comments
Issues of building height were raised at the beginning and the end of the meeting. Mr. McGowan discussed the planning
direction which has higher buildings along Bay Street and lower buildings toward Yonge Street. A comment from the
audience was made that the towers would allow more sunlight. Mr. McGowan also said that the streets would be defined by
the lower podium treatment on the buildings. Mr. Lintern outlined the height permission and the buildings in the area which
exceed it through site specific exemptions.
There were a number of questions and comments about parks in the area, the misuse of these spaces with drugs and
prostitution. Comments were made that the design would be important. Mr. Watson commented on the design process with
the community which would be undertaken, the funding issues and the importance of Aeyes on the park@ which the new
development will provide.
Comments were made that the applicants should contact social agencies working in the area and that night time use of the
park should be taken into account.
Ms. Porte commented that the design of the development would be assessed by the police and that the location of the open
space will make it highly visible.
It was suggested that the vitality of the area is important to keep in mind.
Questions were asked about traffic. Mr. Lintern advised that all access will be from Breadalbane Street and that Wellesley
Street will be widened to improve the functioning of the Bay and Wellesley Street intersection. It was also noted that there
will be residential, visitor and retail parking.
Questions were asked about wind impact. The architect=s wind consultant outlined the wind testing which has been
undertaken and how the built form proposed have been designed to improve the impact of north and west winds.
The meeting adjourned at approximately 9:00 pm.
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