September 1, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Final Report - 86, 96 and 100 Bloor Street West (University Theatre) - Official Plan and Zoning By-law amendments for a mixed retail, cinema and residential development. (Midtown)

Purpose:

To provide final recommendations respecting an application for Official Plan and Zoning By-law amendments for a new mixed-use development for 86, 96 and 100 Bloor Street West.

Source of Funds:

Not applicable.

Recommendations:

1.That, if City Council supports the continued conservation of the existing Pearcy House facade, at 96 Bloor Street West, in accordance with the Heritage Easement Agreement registered on title, then Application 197027 should be refused in its current form.

AND / OR

2.That, if City Council supports the preservation of the existing Physicians and Surgeons Building, at 86 Bloor Street West, pursuant to the recommendations of the Board of Heritage Toronto, then Application 197027 should be refused in its current form.

OR

3.That, if City Council supports Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development, then City Council should adopt Recommendations 4 to 20 below.

4.That the City Solicitor be requested to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto), for lands known in the year 1998 as 86, 96 and 100 Bloor Street West, substantially as set out below:

"86, 96 and 100 Bloor Street West

See Map 18. at the end of this Section.

Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands shown on Map , to permit an increase in the density and height of development otherwise permitted, for the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(a)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(i)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(ii)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(iii)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes; and

(b)the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(i)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(ii)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on and finalized prior to the introduction of the Bills in Council;

(iii)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(iv)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(v)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(vi)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(vii)that the owner have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(viii)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema / theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(iv)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes, sewer maintenance holes and any other collateral matters which are required in connection with this development."

5.That the City Solicitor be requested to submit, in consultation with the Commissioner of Urban Planning and Development Services, a draft by-law to amend the City's Zoning By-law (438-86, as amended) as it affects the lands known as 86, 96 and 100 Bloor Street West so as to:

(a)exempt the lands shown on the Key Map attached to this report from the following Sections of By-law 438-86, as amended:

4 (2) Height Limits: Buildings and Structures;

4 (5) Parking Spaces (b);

4 (14) Setbacks from the centre line of a Public Lane (a);

8 (3) Part I - Density;

8 (3) Part III - Open Space 1. (a); and

(b)permit, on the lands shown on the Key Map attached to this report, the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(i)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(a)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(b)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(c)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes;

(ii)the maximum number of dwelling units does not exceed 160;

(iii)the height of such building does not exceed the heights and angular planes as shown on the plans and drawings submitted with this application, which is 84.4 metres at its tallest, exclusive of a 0.4 metre tall parapet and the mechanical penthouse. This provision is not intended to prevent the erection or use of other structural elements permitted by Sections 4 (2) Height Limits (a) (i) and (ii) of the Zoning By-law which may extend vertically beyond such building envelope;

(iv)not less than 445 parking spaces are provided and maintained to serve the building, provided:

(a)not less than 122 parking spaces are provided on-site for the exclusive use of the residents of the building;

(b)not less than 323 parking spaces are provided for the use of visitors to the residential building (10) and for the commercial uses (313), of which not more than 88 parking spaces of the 313 parking spaces required for the commercial uses may be provided off-site, within 300 metres of the site; and

(c)the on-site parking spaces shall comply with the dimensional requirements of the Zoning By-law, save and except for the parallel parking spaces, located on the east side of the underground garage, which are required to have a minimum length of 7.0 metres;

(v)one Type G and two Type B loading spaces are provided on-site in the below-grade garage, with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(vi)a publicly-accessible at-grade pedestrian walkway, located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane, is provided and maintained, with the owner of 102 Bloor Street West;

all provided that the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(aa)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(bb)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on and finalized prior to the introduction of the Bills in Council;

(cc)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(dd)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(ee)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(ff)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(gg)that the owner have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(hh)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema / theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes, sewer maintenance holes and any other collateral matters which are required in connection with this development.

6.That site-specific By-laws 434-89, 435-89 and 436-89 be repealed, on the coming into force of the Official Plan and Zoning By-law amendments recommended in Recommendations 4 and 5 above.

7.That, prior to the introduction of the Bills in Council:

(a)the owner enter into the above-referenced Agreement pursuant to Section 37 of the Planning Act, in a form satisfactory to the City Solicitor and in consultation with the Commissioner of Urban Planning and Development Services;

(b)the owner provide the City Solicitor with any postponements as required; and

(c)the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure the contributions to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, and $8000 to monitor traffic and pedestrian conditions, and for traffic related improvements.

8.That the owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, to address interim access to 102 Bloor Street West, and which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation.

9.That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the introduction of the Bills in Council, a Noise Impact Statement, and be required to:

(a)have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services; and

(b)provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services.

10.That the owner submit, to the Commissioner of Works and Emergency Services, at least three weeks prior to the introduction of the Bills in Council:

(a)a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto; and

(b)dimensioned plans of the development for the purpose of preparing the site-specific by-laws.

11.That, prior to the introduction of the Bills in Council, the owner be required to amend the existing Heritage Easement Agreement or execute a new Heritage Easement Agreement with the City to replace the existing Agreement, pursuant to the Ontario Heritage Act, for the conservation of the former University Theatre facade and the relocated portal of the Pearcy House facade, in consultation with Heritage Toronto.

12.That the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Phase 1 Environmental Site Assessment, which may include, but is not limited to:

(a)a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects on the site; and

(b)a Site and Building Audit for identification of all hazardous materials on site and in the existing buildings.

13.That the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Soil and Groundwater Management Plan, and be required to implement the measures in the Soil and Groundwater Management Plan approved by the Medical Officer of Health.

14.That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the entering into of the Statement of Approval of Plans / Undertaking, a Grading and Drainage Plan.

15.That the owner submit, and have approved by the Medical Officer of Health, prior to the issuance of a Building Permit, a Demolition and Excavation Dust Control Plan, and be required to implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health.

16.That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a Pedestrian Plan, detailing signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane, and be required to provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services.

17.That the owner submit, and have approved by the Toronto Transit Commission, prior to the issuance of a Building Permit, Site and Foundation Plans, which include:

(a)shoring drawings, showing calculations;

(b)a plot plan, showing the subway structure;

(c)structural calculations showing loads;

(d)a soils / geotechnical report; and

(e)excavating, de-watering and landscape plans.

18.That the owner enter into a Statement of Approval of Plans / Undertaking, delegated to me under Chapter 165, Article IV, of the former City of Toronto Municipal Code, to secure Site Plan Approval, prior to the issuance of a Building Permit.

19.That, in connection with the construction of the underground parking garage, the owner be required to:

(a)acquire title to the land below the public lane, prior to the issuance of a Building Permit, while the surface lands (with minimum depth of 0.5 metres from the finished grade) would remain with the City;

(b)submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a detailed design prepared by a qualified municipal engineer showing the manner in which the underground garage will be constructed below the public lane;

(c)construct the roof of the parking structure to Bridge Code Standards;

(d)pay for the cost of reconstruction of the public lane to existing conditions, and in this regard, provide security in the form of a Letter of Credit in an amount satisfactory to the Commissioner of Works and Emergency Services;

(e)indemnify the City from and against all actions, suits, claims, or demands and from all loss, costs, damages, charges, and expenses that may result from the construction of the garage beneath the public highway;

(f)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(g)indemnify the City from and against any loss or damage to the waterproofing and structure resulting from the maintenance and reconstruction of the lane pavement, unless such loss or damage is caused by negligence of the City; and

(h)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation.

20.That the owner be advised of the Comments of Civic Officials appended to this report, including:

(a)the requirement to pay a Parks Levy, in lieu of a conveyance of land, pursuant to Chapter 165, Development of Land, Article I, Conveyance of Land for Parks Purposes, of the former City of Toronto Municipal Code, prior to the issuance of a Building Permit;

(b)the comments of the Manager, Development Approval, Urban Planning and Development Services, respecting their Zoning review and required approvals;

(c)the comments and requirements of the Toronto Transit Commission for approval of the development;

(d)the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(e)to apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to submission of an application for a Building Permit.

(f)that the Bloor Street West boulevard must be designed in accordance with the guidelines of the Commissioner of Works and Emergency Services;

(g)the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling / shoring etc. from the Commissioner of Works and Emergency Services, prior to construction; and

(h)the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection.

Background:

1.Applicant and owners:

The application and revised plans were submitted by Kim Kovar, Aird and Berlis, Barristers and Solicitors, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, Ontario, M5J 2T9, on behalf of B.C. Pacific Capital Limited and 695146 Ontario Limited (Gentra).

2.Site:

Nos. 86, 96 and 100 Bloor Street West are located on the north side of Bloor Street West, west of Bellair Street. The combined site area is 3579.5 m2, with approximately 71 metres of frontage along Bloor Street West and Critchley Lane to the north.

Currently, 86 Bloor Street West contains a 7-storey commercial-office building, known as the Physicians and Surgeons Building, and Flo's Diner, a one-storey Neo-Art Moderne style restaurant which fronts on Bellair Street. The Physicians and Surgeons Building, which was built in 1922, is listed on the City's Inventory of Heritage Properties. No. 96 Bloor Street West, which is currently used together with 100 Bloor Street West as a commercial parking lot, contains the three-storey front facade of the former Sanderson Pearcy House. The Lothian Mews, well-remembered for its retail shops and courtyard complex, was once located behind the Pearcy House facade. The Pearcy House facade was listed in 1974 and designated under the Ontario Heritage Act by By-law by City Council in 1976. No. 100 Bloor Street West contains the front portion and facade of the former 1328-seat University Theatre, built in 1947. The University Theatre facade was listed in 1986 and designated in 1987.

3.Surrounding area:

A 16-storey, 120-unit, residential building is located immediately west of the site at 102 Bloor Street West. A public lane, known as Critchley Lane, and the Village of Yorkville Park are located immediately north of the site. The Village of Yorkville Park was formerly known as Cumberland Park. A variety of lower scale retail uses, and some residential uses, are located farther north in the Village of Yorkville.

4.Revised proposal:

The revised proposal, received August 12, 1998, is a 25-storey, 9.4 times density, mixed-use development containing:

(a)6067 m2 of non-residential gross floor area (or 1.7 times coverage) for retail uses;

(b)7585 m2 of non-residential gross floor area (or 2.1 times coverage) for nine Famous Players' movie theatres, containing a total of 3090 seats;

(c)160 residential dwelling units (with a residential gross floor area of 20,015 m2 or 5.6 times coverage); and

(d)a four-level underground parking garage containing 395 parking spaces and three loading spaces.

5.History:

Application 197027 was received November 19, 1997.

The Preliminary Report, dated February 2, 1998, was adopted by the Toronto Community Council at its meeting on February 18, 1998.

6.Public review:

The public meeting in the community was held at Jesse Ketchum Public School on May 19, 1998. Approximately 35 people attended the public meeting. While the proposal was well-received by some in attendance, others expressed concerns. Concerns included that: the proposal is too big and too tall; the shadow impacts on the Village of Yorkville Park will be too excessive; the Pearcy House (Lothian Mews) facade should be saved; and area parking and traffic problems will be worsened.

Comments:

7.Planning Controls:

7.1Applicable Official Plan policies:

The Official Plan designates the site a High Density Mixed Commercial-Residential Area 'A'. As discussed in Section 13.12 of the Plan, a High Density Mixed Commercial-Residential Area is largely built up with tall, high density commercial and residential buildings. According to the Plan, these areas should be developed to help realize the housing intensification objectives of the Plan and high density residential buildings in these areas generally contain retail uses at grade. In a High Density Mixed Commercial-Residential Area 'A', the maximum permitted total gross floor area is 6.0 times the area of the lot.

The site is also within the North Midtown Part II Plan area, and is affected by the provisions of the related Design Guidelines for North Midtown.

7.2Applicable Zoning:

The City's Zoning By-law (438-86, as amended) zones the site CR T6.0 C4.5 R6.0. This high density mixed-use zone permits a mixed-use building with a maximum density of 6.0 times coverage. The governing Height Limit is 46 metres.

8.Planning considerations:

8.1Historic facades and the Physicians and Surgeons Building:

In 1989, Council adopted Official Plan and Zoning By-law amendments to permit a 17-storey, 7.8 times density, hotel and cinema complex at 96 and 100 Bloor Street West. At the time, the applicant was Cineplex Odeon. Council supported the amendments, subject to a Heritage Easement Agreement to preserve and incorporate the facades of the former Pearcy House and the University Theatre. The Heritage Easement Agreement was entered into and is registered on title. The Physicians and Surgeons Building site, at 86 Bloor Street West, was not part of the 1989 proposal, but is included in the current application. The Physicians and Surgeons Building was listed on the City's Inventory of Heritage Properties for architectural reasons in 1982.

The current proposal retains and restores the historic University Theatre facade and appropriately incorporates it into the development as the main entrance to the new cinemas. The applicant has also advised Heritage Toronto that the canopy will be restored and a new vertical sign will be reconstructed to match the original "University" sign which was once attached to the front facade. Planning staff and Heritage Toronto support the proposed re-use of the former University Theatre facade.

However, the owner proposes to retain only a small element of the Pearcy House facade. The revised plans relocate the main entrance limestone portal of the Pearcy House facade into the Bellair Street lobby entrance for the proposed residential tower. The remainder of the facade is proposed to be demolished. According to Heritage Toronto, the Pearcy House facade provides an important view terminus to the top of St. Thomas Street, and could be incorporated into the development to accommodate retail shops on Bloor Street.

The Physicians and Surgeons Building is also proposed to be demolished. Heritage Toronto advises that the Physicians and Surgeons Building is the only building between Avenue Road and Sherbourne Street on Bloor Street which reflects the professional and commercial development of the medical practice between World War I and II, and it should be saved.

The applicant submitted to the City a Heritage Assessment, dated March 1998, and later, submitted to Heritage Toronto a Statement of Attributes and Public Benefits, dated June 3, 1998. According to the applicant, the design and the structural and floor space requirements of their project precludes retention of the Pearcy House facade and the Physicians and Surgeons Building.

At its meeting held on June 17, 1998, the Board of Heritage Toronto adopted the recommendations of the report of their Managing Director, dated June 9, 1998, respecting the current application. Heritage Toronto's support is conditional upon: revisions to the proposal to include the Pearcy House facade and the Physicians and Surgeons Building; the owner agreeing to enter into a Heritage Easement Agreement to preserve the Physicians and Surgeons Building; and the owner posting a Letter of Credit with the City in an amount and form satisfactory to secure the restoration of all the historic components of this development.

In light of the conditions of Heritage Toronto and the position of the applicant, I am requesting that Council provide direction on this matter. If Council supports the continued conservation of the facade of the former Pearcy House, in accordance with the existing Heritage Easement Agreement registered on title, then Application 197027 should be refused in its current form. If Council supports the preservation of the existing Physicians and Surgeons Building, pursuant to the recommendations of the Board of Heritage Toronto, then Application 197027 should be refused in its current form. If Council supports Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed development, as described above, then it should approve the recommended amendments to the Official Plan and Zoning By-law.

8.2Density, height and massing:

The maximum total density permitted on this site by the Official Plan and base Zoning By-law provisions is 6.0 times coverage. The applicant proposes to construct a 33,667 m2 mixed-use building on a 3579.5 m2 site. The total density is 9.4 times coverage.

The total densities of several buildings on Bloor Street West within the High Density Mixed Commercial-Residential Area 'A' are greater than the density of the proposed building. As examples: 102 Bloor Street West (immediately west of the subject site) has a density of 13 times coverage; 110 Bloor Street West is 12.8 times coverage; and 101 Bloor Street West (on the south-west corner of Bloor and St. Thomas Streets) is 12 times coverage. The new Windsor Arms development, a mixed hotel and residential building under construction on the north-west corner of Sultan and St. Thomas Streets, which is within the same zone as the subject site, has a density of 7.3 times coverage.

The base Height Limit applicable to the site is 46 metres. Existing buildings on Bloor Street in this area vary in height, but several buildings exceed the base Height Limit. For example, 102 Bloor Street West, which is immediately west of the subject site, is 59 metres in height. The tallest building within this zone is the terraced Renaissance Plaza, at 150 Bloor Street West, which reaches a height of 81.5 metres.

The height and massing of the proposed building can be described in two parts. First, the primarily non-residential component of the building, which contains the retail uses, nine cinemas and the main entrance to the residential tower, is 38 metres in height. This 'base' component of the building has also been notched-out on the north-west corner, and a lower 35-metre high street-edge, with a 45-degree angular plane, has been incorporated on the north elevation to increase sunlight access to the Park and Cumberland Street. The residential tower component, which is situated on the south-east end of the site, is 84.4 metres (or 25 storeys) tall at its main roof line. The upper floors of the tower have been stepped back to reduce the visual impact of the bulk of the building and to improve sunlight access to the north. At its most northerly point, the tower is set back 9.3 metres from the north property line. While the tower component of the proposed building is relatively tall, it covers less than half of the site. The base of the building is eight metres below the height limit and will be lower than most of the larger buildings on Bloor Street in this area. It should be noted that the elevations submitted with the revised plans, dated August 12, 1998, label the overall height at 83 metres. This is an error. Departmental review, including submitted sun/shadow studies, was based on a building which is 84.4 metres tall, with a 0.4 metre tall parapet. The project architect confirms their error. Prior to Site Plan Approval, corrected elevations will be submitted.

The applicant submitted a Pedestrian Level Wind Study, dated March 25, 1998, for review. The study finds that pedestrian level winds around the site will be acceptable.

Section 10.3 (c) of the Design Guidelines for North Midtown states that "New buildings should be located and designed to minimize overshadowing of the public sidewalk on the north side of Cumberland Street by ensuring that 60 percent of the sidewalk is in sunlight at noon on March 21/September 23." The current application was not revised to strictly adhere to this recommendation in the Design Guidelines for North Midtown. Instead, Parks staff compared the shade/shadow conditions illustrated in their Cumberland Park Design Competition report against the current proposal. Parks and Planning staff together assessed shadow impact analyses to ensure that sunlight access to the Park, and the sidewalks on Cumberland and Bellair Streets, would be satisfactory for various months and times. Staff are now satisfied that the massing of the current proposal allows for acceptable sunlight conditions.

Overall, the density and height of the proposal generally reflect the surrounding context, and its massing addresses wind and sunlight access concerns.

8.3Section 37:

Not unlike other large projects which require amendments for significant increases in density and height, this application will include a contribution pursuant to Section 37 of the Planning Act and existing Official Plan policies. The applicant has proposed to provide the funds required to re-design and reconstruct the existing Bay Subway station entrance within the Village of Yorkville Park; however, the preliminary estimates provided by the applicant for this contribution are less than an amount consistent with policies on these types of Section 37 benefits. Negotiations are on-going, and the appropriate Section 37 contribution has not been finalized. I am recommending that the applicant be required to enter into a Section 37 Agreement to secure a contribution and those facilities, services and matters referenced in Recommendations 4 and 5, prior to the introduction of the Bills in Council. I will report further on this matter.

8.4Streetscape:

The project has four frontages: Bloor Street West, Bellair Street, Critchley Lane/Village of Yorkville Park and the pedestrian walkway between the site and 102 Bloor Street West. In the Preliminary Report, I stated that highly animated street-edges, and an appropriate at-grade relationship with the Village of Yorkville Park and along the length of the pedestrian walkway are important planning objectives.

As discussed, the Bloor Street frontage appropriately incorporates the University Theatre facade. The south elevation also shows a very large window element or curtain wall, approximately 30 metres by 30 metres in size, which is on axis with the St. Thomas Street view terminus. Escalators and interior circulation areas will be visible to the street, which will make for an interesting and very animated street-edge.

A similar, but smaller curtain wall is shown on the north elevation. The latest plans show secondary exit doors for the cinemas to an on-site sidewalk along a portion of the north edge of the site. Doors to the ground floor retail areas are also included along the north side of the building. Notwithstanding, I am concerned that most of the north side of the north elevation of the building is blank and unanimated. I am requiring that revised plans be submitted to show improvements in the animation and articulation of the north elevation. Such revisions will be necessary to obtain Site Plan Approval.

While the base of the building has been satisfactorily set back from 102 Bloor Street West, I am also concerned with the lack of animation on the west elevation. Materials and detailing are undefined. Significant improvements to the west elevation, in terms of animation, are required.

The Bellair Street elevation includes the entrance to the residential building and access to the below-grade parking and loading areas. As discussed, the applicant is proposing to relocate the main entrance limestone portal of the Pearcy House facade into the Bellair Street lobby entrance for the proposed residential tower.

8.5Setback from 102 Bloor Street West:

No. 102 Bloor Street West, located immediately west of the subject site, is a 16-storey building which was converted from office uses to residential uses in 1996, and it contains dwelling units which face east toward the subject site. In my Preliminary Report, I commented that the west elevation of the proposal should be set back no less than 5.5 metres from the property line and should, if possible, angle farther away towards the north and south property lines. This recommendation was made to ensure minimally acceptable light and view conditions for the east facing units of 102 Bloor Street West.

The first two floors of the base of the proposed building are set back 2.2 metres from the west property line. At the third floor, the west elevation is set back 4.0 metres and 5.5 metres, and arcs away slightly at the south and north property lines. The fourth floor is set back a minimum 5.5 metres. At the fourth floor mezzanine level, and for all floors above, the base is notched-out towards the south and north property lines, which increases the setback by another 3.0 metres.

The revised plans satisfactorily address this Department's concerns respecting the setback from 102 Bloor Street West.

8.6Parking:

The applicant proposes 395 below-grade parking spaces; however, the current plans do not delineate the number of spaces allocated to the residential dwelling units, and the retail and movie theatre uses. The applicant's parking and traffic consultant has advised me that their building garage will contain 160 parking spaces for the 160 residential dwelling units; 10 parking spaces for visitors to the residential building; and 225 parking spaces for the commercial uses. The applicant and the Parking Authority of Toronto are in discussions respecting management of the on-site commercial parking spaces. The applicant also proposes to provide 100 off-site parking spaces.

Buildings' officials have advised me that the Zoning By-law requirements for parking for this application are as follows: 90 parking spaces for the residential dwelling units; 10 parking spaces for visitors to the residential building; 61 parking spaces for the retail uses; and 627 parking spaces for the cinema uses. The total Zoning By-law parking requirement is 788 parking spaces. It should be noted that Buildings' staff have applied the more restrictive 'Not-in-force' Place of Assembly parking requirement to the cinema uses.

However, staff of Works and Emergency Services have reviewed the application, including area traffic and parking information provided by the applicant's traffic and parking consultant, and concluded that the proposed provision of 395 on-site parking spaces and 100 off-site parking spaces satisfies the estimated demand generated by the project for 445 parking spaces. The Commissioner of Works and Emergency Services recommends that the applicant be required to provide 445 parking spaces to serve the project, with a minimum of 122 on-site parking spaces for the residents of the building, and 235 on-site parking spaces for the visitors to the residential component of the building and for the commercial uses. I am recommending that 10 of the required 235 parking spaces be provided on-site within the below-grade garage for the exclusive use of visitors to the residential component. Eighty-eight of the 445 parking spaces required by the Commissioner of Works and Emergency Services may be provided off-site, which would allow for the applicant to provide 160 parking spaces on-site for the exclusive use of the residents.

While the applicant's proposal to lease off-site parking spaces is acceptable in principle to the Commissioner of Works and Emergency Services, he advises that this arrangement be monitored, and is recommending that the applicant be required to submit, and have approved, within twelve months of the opening of the theatres, a Monitoring Report, detailing parking utilization on the site and in the off-site facility.

8.7Traffic:

The Commissioner of Works and Emergency Services has reviewed traffic forecast information supplied by the applicant's consultant. According to submitted information, the peak of vehicular traffic activity associated with uses on this site is forecast to occur during the weekday evening, and will generate 100 and 110 net new vehicles inbound and outbound, respectively. Given that the project will include parking in an underground garage to serve residents, retail customers and a portion of theatre customers, as well as providing arrangements in an off-site facility to accommodate the remaining theatre parking, traffic activity will be dispersed, rather than concentrated entirely at the site.

The consultant's information indicates that the new development will not create any significant changes in traffic operations within the area. Notwithstanding, in order to respond to any potential measures which may be required as a result of this project, or any other traffic management measures identified by the businesses and residents in Yorkville and the Commissioner of Works and Emergency Services, to mitigate traffic impacts caused by the project, the Commissioner of Works and Emergency Services is recommending that the applicant be required to partially off-set the cost of monitoring traffic and pedestrian activity and the implementation of possible measures through a one-time cash contribution of $8,000.

The Commissioner of Works and Emergency Services advises me that the analysis of pedestrian activity indicates pedestrian volumes will increase significantly at peak times, in particular, on the sidewalk on the north side of Bloor Street West. This is partially off-set by the proposed entrance/exit onto Critchley Lane, which will redistribute some activity away from Bloor Street West and Bellair Street. The issue of safety for pedestrians exiting to Critchley Lane will be examined in further detail to establish additional warning and safety elements to minimize potential conflicts between vehicular traffic and pedestrians.

8.8TTC Subway connection:

When the application was first submitted, the owner proposed a below-grade walkway connection to the Bay TTC Subway station. The connection would have been made beneath the now complete Village of Yorkville Park. The applicant has since abandoned this proposal because of the close proximity of the site to the existing ground level entrances to the Bay TTC Subway station, which will maintain a higher level of pedestrian activity at grade and through the park.

8.9Loading:

The revised plans show one Type G and two Type B loading spaces on the Concourse Plan. The Commissioner of Works and Emergency Services advises me that the proposed number of loading spaces satisfies estimated loading demand generated by the project and the requirements of the Zoning By-law.

8.10Bicycle parking:

Buildings' staff have advised me that the Zoning By-law requirements for bicycle parking are 96 bicycle parking spaces for the occupants of the building and 24 bicycle parking spaces for visitors. The proposal does not meet the requirements. The current bicycle parking provisions are not onerous, and I am not recommending that the application be exempted from the requirements. I am recommending that, prior to Site Plan Approval, the applicant submit revised plans which meet the bicycle parking requirements.

8.11Amenity space:

The revised plans, date stamped August 12, 1998, show 320 m2 of Indoor Amenity Space and 320 m2 of Outdoor Amenity Space on the 11th Floor and on the roof above the cinemas. The proposed amount of Indoor and Outdoor Amenity Space meets the requirements of the Zoning By-law.

8.12Public Art:

Section 10.11 of the Official Plan states that it is the policy of Council to enhance opportunities for establishing public art by achieving a contribution of public art in all development proposals exceeding 20,000 m2 of gross floor area, the cost of which is equal to one percent of the project's gross construction costs. The gross floor area of the applicant's proposal exceeds 20,000 m2, and is therefore subject to this provision.

8.13Construction phasing:

In order to increase the on-site parking supply and improve the layout of the below-grade plans, the applicant is proposing to encroach and build a portion of the underground garage beneath Critchley Lane. This proposal will require the temporary closing of a portion or all of Critchley Lane during the construction of the building. Parking and loading access to 102 Bloor Street West, which is located immediately west of the subject site, is achieved via Critchley Lane.

In a letter, dated August 13, 1998, the Commissioner of Works and Emergency Services requested the applicant to submit a Construction Phasing Plan to demonstrate how access to the parking and loading facilities for 102 Bloor Street West will be maintained during construction of the project, if the Lane or a portion of it has to be closed. Interim access arrangements for 102 Bloor Street West could not only affect Critchley Lane but the Village of Yorkville Park itself.

Accordingly, I am recommending that the owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation.

Conclusions:

Subject to Council's direction on the Pearcy House facade and the Physician and Surgeons Building, I believe that the revised proposal should be supported. It will improve the area and appropriately return movie theatre uses to the former University Theatre site. I am satisfied that the current massing will minimize shadow impacts on the Village of Yorkville Park and Cumberland Street.

Some revisions to the plans will be necessary to respond to required modifications, including increased animation on the north and west elevations, which can be addressed through delegated Site Plan Approval.

Contact Name:Michael Mizzi

City Planner, City Planning Division, North

Telephone: 392-1324

Fax: 392-1330

E-mail: mmizzi@city.toronto.on.ca

Beate Bowron

Director

Community Planning

South District

(p:\1998\ug\uds\pln\to981703.pln) - st

Application Data Sheet

Confirmed Municipal Address:86, 96 and 100 Bloor Street West

PLANNING CONTROLS (For verification refer to Chief Building Official)

PROJECT INFORMATION

Appendix

Comments of Civic Officials

1.Urban Planning and Development Services (Buildings Section), dated August 18, 1998:

"Our comments concerning this proposal are as follows:

Description:Construct mixed-use building comprising 25 storeys plus a mechanical penthouse, for retail stores, place of amusement (cinemas) and 160 dwelling units.

Zoning Designation:CR T6.0 C4.5 R6.0Map:50J-313

Applicable By-laws:438-86, as amended

Plans prepared by:Au and Graham ArchitectsPlans dated:August 12, 1998

Residential GFA:20015.4 m2

Non-Residential GFA:13651.3 m2

Zoning Review

This 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 height of the proposed building (86.0 metres) exceeds the maximum permitted by 40.0 metres. (Section 4(2)(a))

2.The 225 parking spaces proposed for non-residential uses are deficient of the minimum required 688 by 433. (Note: 61 parking spaces are required for the retail uses and 627 parking spaces are required in conjunction with the proposed cinemas.) (Section 4(5)(b))

3.The proposed parking spaces for visitors to the residential units are not designated or clearly identified. (Section 4(5)(h))

4.The by-law requires the indoor residential amenity space in rooms, one of which contains a kitchen and washroom. No kitchen and/or washroom are shown. (Section 4(12))

5.The by-law requires at least 96 bicycle parking spaces for the occupants of the occupants of the building and 24 bicycle parking spaces for visitors. The proposed building will contain bicycle parking spaces in a room at the mezzanine level. The number of proposed spaces for occupants is not shown. No bicycle parking spaces for visitors is proposed (Section 4(13)(a) and (c))

6.The by-law requires a building or structure to be set back 3.5 metres from the centre line of the public lane. The proposed building or structure is set back 2.59 metres from the centre line of the public lane. (Section 4(14)(a))

7.The by-law requires that the combined non-residential gross floor area and residential gross floor area be not more than 6.0 times the area of the lot: 21477 square metres. The proposed building has 33666.7 square metres of combined non-residential gross floor area and residential gross floor area. (Section 8(3) PART I 1)

8.The by-law requires the provision of at least 644.3 square metres of common outdoor space. The proposed common outdoor space is 0 square metres. (Section 8(3) PART III 1(a))

n/bAll parking spaces must be minimum 2.6 m by 5.9 m and parking for the handicapped must be included.

n/bAccess to commercial spaces and the level of the main floor must be designed in accordance with Section 8(3) PART XI 2. of the Zoning By-law.

n/bAll encroachments will require the approval of the City Works Services Department.

n/bSeparate approvals will be required for signage, pursuant to Chp 297 of the Municipal Code.

Other Applicable Legislation and Required Approvals

1.The proposal requires Site Plan Approval under Section 41 of the Planning Act.

2.The proposal requires the conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

3.The property is designated historical, and the proposal requires the approval of Heritage Toronto under the Ontario Heritage Act.

4.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."

2.Works and Emergency Services, dated August 27, 1998:

"Recommendations:

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 minimum of 445 parking spaces to serve the project, including at least 122 parking spaces on site for the exclusive use of the residents and at least 323 spaces for residential visitors and the commercial components of the project, of which 88 spaces may be provided off-site, within 300 m of the site;

(c)Provide and maintain a physical separation between the residents' and the residential visitors/commercial portions of the underground parking garage to secure the availability of the residents' parking;

(d)Submit, for the review and approval of the Commissioner of Works and Emergency Services, within 12 months of the opening of the cinema/theatre complex, a monitoring report which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6 pm, and the need for any additional elements in the Parking Information Plan;

(e)Provide, maintain and operate the parking information measures, facilities and strategies stipulated in the Parking Information Plan approved by the Commissioner of Works and Emergency Services;

(f)Pay a cash contribution to the City in the amount of $8,000 for costs to monitor traffic and pedestrian conditions, and for any traffic related improvements;

(g)Comply with the parking space dimensional requirements of the general Zoning By-law, save and except for the parallel parking spaces located along the east side of the underground parking garage which should have a minimum length of 7.0 m;

(h)Provide and maintain minimum widths of 3.5 m and 5.5 m for the access ramp/driveway system serving one-way and two-way traffic, respectively;

(i)Construct the access ramp to the underground garage with a slope not exceeding 5% within 6 m of the property line and not exceeding 15% along the remaining portions;

(j)Construct those sections of the access ramp/driveway system which provide direct access to the parking spaces with a slope not exceeding 5%;

(k)Submit, for the review and approval of the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a Pedestrian Plan which details signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane;

(l)Provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services;

(m)Provide and maintain a minimum of two Type B and one Type G loading spaces on the site with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(n)Provide and maintain minimum inside and outside turning radii of 8.6 m and 13.4 m at all turns to be negotiated by trucks using the Type B loading spaces;

(o)Provide maintain and operate the loading management measures, facilities and strategies stipulated in the Loading Management Plan approved by the Commissioner of Works and Emergency Services;

(p)Provide and maintain a garbage room at least 30 square metres in size and a recycling room at least 15 square metres in size, each equipped with overhead or double doors to accommodate the movement of container bins, to serve the residential component of the project and install and maintain a stationary compactor unit in the garbage room;

(q)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to, and level with, the front of the Type G loading space for the storage of at least 5 compactor containers on collection day;

(r)Construct the Type G loading space 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;

(s)Construct all driveways and passageways providing access to and egress from the Type G loading space 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;

(t)Submit to the Commissioner of Works and Emergency Services:

(i)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto;

(ii)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 bills in Council;

(u)Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit;

(v)Eliminate the door encroachment, when open, from the Bloor Street West road allowance;

(w)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council, a Noise Impact Statement in accordance with City Council's requirements;

(x)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(y)Provide, maintain and operate the noise impact facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;

(z)In connection with the construction of the underground parking garage:

(i)acquire title to the land below the public lane prior to the issuance of a building permit, while the surface lands (minimum depth of 0.5 m from the finished grade) would remain with the City;

(ii)submit, for the review and approval of the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a detailed design prepared by a qualified municipal engineer showing the manner in which the underground garage will be constructed below the public lane;

(iii)construct the roof of the parking structure to Bridge Code Standards;

(iv)pay for the cost of reconstructing the public lane to existing conditions and in this regard, provide security in the form of a letter of credit in an amount satisfactory to the Commissioner of Works and Emergency Services;

(v)indemnify the City from and against all actions, suits, claims, or demands and from all loss, costs, damages, charges, and expenses that may result from the construction of the garage beneath the public highway;

(vi)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(vii)indemnify the City from and against any loss or damage to the waterproofing and structure resulting from the maintenance and reconstruction of the lane pavement, unless such loss or damage is caused by negligence of the City; and

(viii)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation;

(aa)Submit to, and have approved by, the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism, prior to the introduction of a bill in Council, construction phasing plans addressing interim access for Premises No. 102 Bloor Street West during construction of this project;

(bb)Submit a grading and drainage plan and revised drawings with respect to Recommendation Nos. 1(c), 1(g), 1(h), 1(i), 1(m), 1(p), 1(q) and 1(v), above, for the review and approval of the Commissioner of Works and Emergency Services;

2.That the owner be advised:

(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(b)That the Bloor Street West boulevard must be designed in accordance with the guidelines of this Department;

(c)Of the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling/shoring etc. from this department prior to construction; and

(d)Of the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection.

Comments:

Location

Northwest corner of Bloor Street West and Bellair Street.

Proposal

Construction of a mixed-use project comprising 160 residential condominium dwelling units, 6067 m² of retail space and a 3134-seat cinema facility.

Parking and Access

The proposed provision of 395 on-site parking spaces in a four-level underground parking garage and 100 off-site parking spaces (for a total of 495 spaces) satisfies the estimated parking demand generated by this project for 445 spaces, including 122 spaces for the residents, 10 residential visitor spaces, 52 spaces for the retail component and 261 spaces for the cinema component. The total estimated parking demand is based in part on the surveyed demand of condominium dwelling units and a review of the parking requirements for various cinema/theatre projects. As far as can be ascertained, the general provisions of the Zoning By-law would require a minimum of 779 parking spaces.

The owner's transportation consultant, BA Group, has indicated in supplemental technical information dated August 18, 1998, to their Traffic Impact Assessment which is discussed in more detail below, that the owner proposes to provide 160 parking spaces (one space per unit) for the residents. This is acceptable as it satisfies the estimated resident demand. An additional 323 spaces would be required to satisfy the demand for residential visitor and commercial parking, including the balance of 235 on-site parking spaces and a minimum of 88 off-site spaces.

The supplemental technical information dated August 18, 1998 proposes an arrangement for the lease of the off-site parking spaces, which is acceptable in principle. The proposal is for the applicant to lease up to 100 parking spaces from the Parking Authority of Toronto facility at Premises No. 50 Cumberland Street, daily after 6 pm. The parking facility would be monitored by the parking operator and if it is found to be fully occupied on a recurring basis, the applicant would secure a suitable alternate off-site arrangement. The term "recurring basis", as it relates to the frequency of full parking lot conditions (i.e. at-capacity), shall be defined as any four observations in a two month period or, any six observations within a six month period or, any lesser frequency of at-capacity conditions mutually agreed to by the City, the parking lot operator and the owner. An "at-capacity" event shall be defined as one or more observations occurring on a survey day in which the parking lot demand meets or exceeds the parking lot supply. In this regard, the applicant's consultant should be required to submit, for the review and approval of the Commissioner of Works and Emergency Services, within 12 months of the opening of the cinema/theatre complex, a monitoring report which details parking utilization on the site and in the off-site facility, including the number of days that the off-site facility achieved capacity after 6 pm.

Supplemental information to the Traffic Impact Assessment dated June 25, 1998 proposes a parking information plan to inform theatre users of the off-site parking facility. This plan is acceptable. Also, the monitoring report referenced above should address the need for any additional elements in the parking information system.

The general layout of the parking spaces is acceptable, however, the plans for all levels must show the dimensions of the spaces and the widths of the driveway aisles. The parking spaces should have minimum dimensions of 2.6 m x 5.9 m, except the parallel spaces located along the east side of the underground parking garage which should have a minimum length of 7.0 m, and the driveway aisles should have a minimum width of 3.5 m for one-way traffic and 5.5 m for two-way traffic. The plans must also indicate that there will be a physical separation between the residential and non-residential portions of the underground parking garage to secure the availability of the resident parking spaces. Although control gates are shown on Level 1, it is not clear if they are intended to separate a portion of the underground parking garage or how they relate to traffic movements.

Access to the underground garage is proposed via a ramp from Bellair Street at the north end of the site. The plans must show the width of the ramp. The slope should not exceed 5% within 6 m of the street line (the plans show 3% and 7%) and not exceed 15% along the remaining portions. Also, the slope of any sections of the access ramp/driveway aisle system providing direct access to parking spaces should not exceed 5%.

The plans show the construction of the underground parking garage under Critchley Lane, which abuts the site on the north. This is acceptable in principle. However, it will be necessary to submit construction phasing plans to demonstrate how access to the parking and loading facilities for Premises No. 102 Bloor Street West will be maintained during construction of this project. Given the possible implications of the interim access arrangements on the Village of Yorkville Park, the construction phasing plans will also require the review and approval of the Commissioner of Economic Development, Culture and Tourism.

Traffic Impact Assessment

A Traffic and Parking Study dated May 22, 1998, including supplementary material dated June 25 and August 18, 1998, has been submitted by BA Consulting Group Ltd. on behalf of the owner. This documentation outlines the pedestrian, traffic, parking and loading activity forecast to occur as a result of the project.

The peak of vehicular traffic activity associated with uses on this site is forecast to occur during the weekday evening, and will generate 100 and 110 net new vehicles inbound and outbound, respectively. Given that the project will include parking in an underground garage to serve residents, retail customers and a portion of theatre customers, as well as providing arrangements in an off-site facility to accommodate the remaining theatre parking, traffic activity will be dispersed, rather than concentrated entirely at the site.

The consultant's information indicates the site "will not result in any significant changes in traffic operations within the district". Nevertheless, in order to respond to any potential measures that may be required as a result of this project or any other traffic management measures identified by the Yorkville community and Commissioner of Works and Emergency Services to mitigate the impact of site activity (e.g. changes to traffic regulations, signage or pavement marking modifications, installation of bollards, etc.), the applicant is required to partially offset the cost of monitoring traffic and pedestrian activity and the implementation of possible measures through a one-time cash contribution of $8,000.

Pedestrian Analysis

The analysis of pedestrian activity indicates pedestrian volumes will increase significantly at peak times, in particular on the sidewalk on the north side of Bloor Street West. This is offset to some extent by the proposed entrance/exit onto Critchley Lane, which redistributes some activity away from Bloor Street West and Bellair Street. The consultant has indicated in Figure 3 of the August 18, 1998 submission that a railing could be provided to direct pedestrians using Critchley Lane. The issue of safety for pedestrians exiting to Critchley Lane will need to be examined in further detail, prior to the issuance of a building permit in order to establish additional warning and safety elements to minimize potential conflicts between vehicular traffic and pedestrians.

Loading

The provision of 2 Type B and 1 Type G loading spaces within the concourse level of the building satisfies the estimated loading demand generated by this project for 2 Type B and 1 Type G loading spaces and, as far as can be ascertained, the Zoning By-law requirement for a like amount. The proposed loading area and loading spaces are configured such that trucks using the loading spaces would be able to enter and exit the loading area in a forward motion, which is acceptable, however, the plans must show the dimensions of the loading spaces.

There is a need to control and regulate the loading activity in order to minimize its impact on the residences and commercial uses in the area, and on traffic operations on Bellair Street, Critchley Lane and Bloor Street West. In this regard, the applicant's traffic consultant identifies a number of signage/operational elements to reduce the impact of the loading activity, which are acceptable.

Refuse Collection

The City will provide the residential component of this project with the bulk lift method of refuse collection in accordance with the Municipal Code, Chapter 309, Solid Waste. This will require the provision of a Type G loading space and the storage and handling facilities identified in Recommendation Nos. 1(p) to 1(s), above, which must be identified and clearly shown on the plans.

It is the policy of City Council to levy a service charge on all new residential 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.

The refuse generated by the commercial component will require the services of a private refuse collection firm.

Municipal Services and Storm Water Management

The existing water distribution and sanitary sewer systems are adequate to accommodate this development.

The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and approval.

Encroachments

The plans show that a door will encroach, when opened, onto the Bloor Street West road allowance. This is not acceptable and this encroachment must be eliminated.

Work Within the Road Allowance / Permits

It will be necessary for the owner to submit a separate application to this Department for a permit(s) in respect of any work proposed or required within the road allowance. In regard to streetscape work within the Bloor Street West road allowance, the design of the boulevard must meet this Department's guidelines for pedestrian accommodation, greening and aesthetics. Clarification on how these standards will apply to this site can be obtained from the Streetscape Program at 392-3808. Building location, access and other permits associated with construction activities (such as hoarding, piling/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 392-2984 regarding the site specific permit/licence requirements for Bloor Street West and the By-law Administration Division at 392-7877 for Bellair Street."

3.Toronto Transit Commission, dated August 7, 1998:

"The comments in my letter to the former Metro Planning Department, dated December 24, 1997 (copy attached), still apply, with the exception of the requirements associated with the previously proposed direct pedestrian connection to the Bay subway station. By letter dated May 12, 1998 (copy attached), Mr. K.C. Au, Au and Graham Architects Inc., indicated that the applicant would not be pursuing the direct subway connection. We encourage the applicant to reconsider this decision since a direct connection would provide a convenient alternative to accessing the site by car."

4.Toronto Transit Commission to Metro Planning, dated December 24, 1997:

"It is noted that the Bloor-Danforth subway line is adjacent to the subject site. It will, therefore, be necessary for the developer to obtain approval of site and foundation plans (5 sets) from the TTC (Attention: Domenic Garisto - Property Management Department) prior to receiving a building permit. The following supporting documentation is also requested:

-shoring drawings showing calculations

-plot plan showing the subway structure

-structural calculations showing loads

-soils / geotechnical report

-excavating, de-watering and landscaping plans

-detailed plans of entrance connection

Subsequent approval of the foregoing development is subject to any conditions that may be specified to the applicant by Mr. Garisto. As the proposed development may encroach on the subway easement, and encroachment agreement may be required between the applicant, Metro and the TTC.

As the developer is proposing a subway entrance connection, he should be aware that both escalators and elevators from the street to the platform will be required. The provision and maintenance of such facilities will be the responsibility of the developer as part of a development agreement. In this regard, the developer should again contact Mr. Garisto.

Please inform the applicant that the Commission will not accept responsibility for the effects of transit operations on the building or its occupants. Since noise and vibration may be transmitted from the street traffic and from our transit operations, the developer should apply attenuation measures so that the levels of noise and vibration in the proposed development will be at the lowest level technically feasible. The developer should inform prospective purchasers and lessees, though a clause in the purchase or rental agreements, of the potential for noise and vibration intrusions and the fact that the TTC accepts no responsibility for any such effects."

5.Fire Department, dated June 26, 1998:

"Please be advised that when the pertinent requirements of the Ontario Building Code have been applied relative to this project, our Department may be deemed as satisfied."

6.Public Health, dated June 16, 1998:

"Thank you for your request of March 30, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments:

The application proposes to construct condominiums on this site. A review of our files indicates that we have no information on the subject site.

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 an 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 to the Medical Officer of Health, for review 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 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 to the Medical Officer of Health, for approval, 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 to the Medical Officer of Health for approval, 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, I will inform the applicant in respect to this matter. If you have any questions, contact me at 392-7685."

7.Heritage Toronto, dated June 9, 1998:

"Recommendation:

That Heritage Toronto support this proposal on the following conditions:

1.That the proposal be revised to include the Lothian Mews facade and the Physicians and Surgeons Building at 86 Bloor Street West.

2.That the owner agree to enter into a Heritage Easement Agreements to preserve the historic building at 86 Bloor Street West.

3.That the owner post a letter of credit with the City in an amount and form satisfactory to the Managing Director, in consultation with the City Solicitor, to secure the restoration of all the historic components of this development.

Comments:

Background:

The owners are B.C. Pacific Capital Corporation and 69516 Ontario Ltd., c/o Brookfield Commercial Properties Ltd. The project architect is Colin Graham of Graham and Au Architects. The proposal is for a 26 storey (85 metres) mixed use commercial-residential building that will incorporate the facade of the University Theatre as the main entrance to a new cinema complex. The remaining facade of the former Lothian Mews and the historical building known as the Physicians and Surgeons Building, at the corner of Bloor and Bellair, would be demolished.

In October 1997, staff of Heritage Toronto wrote to Urban Development Services in response to the initial circulation of plans for this proposal. Staff expressed support for restoring the theatre facade, but concern for the proposed demolitions. Subsequently, in November, the applicant submitted a Official Plan and Zoning By-law Amendment. Staff of Heritage Toronto have met with the applicants on several occasions who have recently submitted an illustrated Statement of Attributes and Public Benefits, dated June 3, 1998 (copy attached).

Discussion:

This application seeks an increase in height and in density. Six times coverage is the permitted density; the proposal is for 9.9 times coverage. The permitted height is 46 metres; they are proposing 85 metres.

There is a Heritage Easement Agreement registered on title to ensure that the facades of the University Theatre and Lothian Mews would be preserved and eventually incorporated into a new development. City Council recognized the adjacent Physicians and Surgeons Building, constructed in 1922, as an historic building in 1982.

Staff of Heritage Toronto has reviewed the plans and the architect's recent Statement of Attributes and Public Benefits.

The positive aspect of this proposal is that it incorporates the University Theatre facade into the new development as a main entrance to the new cinemas. The canopy will be restored and a new vertical projecting sign will be reconstructed to match the original. All the stone will be repaired and other details will be either repaired or new elements made to match the original high quality detail and finishes.

The proponents suggest that the Lothian Mews cannot be incorporated into the new building. Staff disagree. The Lothian Mews facade forms a terminus to the top of St. Thomas Street. The brick wall with stone highlights could easily be adapted to form shop fronts for Bloor Street. There are other older buildings immediately across the Street that are fully occupied with commercial tenants. There is considerable merit to retaining this facade.

The 1922 Physicians and Surgeons Building at the corner is the only building between Avenue Road and Sherbourne Street that reflects the professional/commercial development of the medical practice between the two wars. Nearby examples include the Medical Arts Building at Bloor and St. George and the former Mount Sinai Hospital on Yorkville Avenue.

In conclusion, staff supports the applicant's intent to restore and bring back to life the University Theatre. We would also expect them to apply similar efforts to the other two historic components on the site. The Official Plan policy supporting historic preservation must be respected. Given the huge increase in height and density, our heritage should benefit - the project should include the retention of the Lothian Mews facade and the Physicians and Surgeons Building. Staff urges the owners to continue to explore options that would retain more of the heritage character of this portion of Bloor Street."