October 22, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Application No. 798006 for a Part Lot Control Exemption By-law, 150 to 172 King Street East, 61 and 63 Jarvis Street, 199 and 207 Adelaide Street East, and 80 George Street, upon application by Blake, Cassels and Graydon, Barristers and Solicitors, on behalf of King George Square Properties Inc. (Downtown)

Purpose:

To initiate the forwarding of a Bill to Council by the City Solicitor, pertaining to properties at 150 to 172 King Street East, 61 and 63 Jarvis Street, and 80 George Street, but excluding 199 and 207 Adelaide Street East, to implement a Part Lot Control Exemption By-law.

Financial Implications:

Not applicable.

Recommendation:

That the City Solicitor be authorized to submit a Bill to Council exempting from part lot control, pursuant to Section 50(7) of the Planning Act, lands located at 150, 156, 158, 160, 168 and 172 King Street East, 61 and 63 Jarvis Street, and 80 George Street, which were the subject of

Site Plan Approvals under Application Nos. 195026 and 397152, with an expiry date of 7 years from the date of adoption by Council.

Background:

These lands were the subject of Rezoning Application No. 195026 for a mixed use development involving the retention of 3 existing historic commercial buildings and a new mixed use development containing retail and office uses and 120 residential condominium units, resulting in site-specific zoning By-law No. 1997-0233. A Section 37 agreement and an Undertaking were executed, as were Heritage Easement Agreements for the 3 historic buildings.

An amendment to the original Site Plan Approval was approved on October 15, 1998 under Application No. 397152, which revised the layout of the new mixed use development and increased the number of residential units to 156. Minor variances to facilitate such amendments were granted by the Committee of Adjustment on December 17, 1997 and September 2, 1998. Although 199 and 207 Adelaide Street East were originally part of Rezoning Application No. 195026, they were later excluded and were not included in the rezoning boundaries, the Section 37 agreement or the Site Plan Approvals.

Comments:

The current application for an exemption for part lot control included the properties at 199 and 207 Adelaide Street East as well as the rest of the site. Because such lands were excluded, at the applicant=s request, from the rezoning, site plan approvals and resulting agreements, it would not be appropriate to include them in a part lot control exemption by-law. The applicant has agreed to their exclusion.

The reasons for the request for a part lot control exemption by-law are threefold, as stated in the application, in that an exemption from part lot control would avoid the need for numerous consent applications to Committee of Adjustment for:

a) technical boundary adjusting conveyances to improve efficiency of the new building and its construction;

b) the numerous easements and rights-of-way which will be required to secure the expectations of the commercial and residential occupants of the various buildings; and

c) separate financing and transfers of the 3 existing heritage buildings prior to registration of a Plan of Condominium, and thereafter while the owners of such buildings continue to own units in the abutting condominium.

These are valid reasons for a part lot control exemption by-law. Inclusion within a registered plan of subdivision is a requirement of Section 50(7) of the Planning Act for the adoption of such a by-law, and the lands are within the Town of York Plan, which the City Surveyor has confirmed is a registered plan of subdivision within the meaning of Section 50 of the Planning Act. The preservation of the 3 existing heritage buildings is secured by means of registered Heritage Easement Agreements, and the proposed new mixed use development is subject to an agreement under Section 41 (Site Plan Approval) of the Planning Act. The new mixed use development will also be subject to a Plan of Condominium and associated agreement(s).

The applicant has agreed that an expiration date of 7 years from the date of adoption is appropriate. That date can be extended through future amendment to the by-law if necessary. The application originally requested that no expiry date be included, but there would not appear to be a valid reason for putting in place a by-law with an indefinite term.

Conclusions:

A part lot control exemption by-law for the site, excluding the lands at 199 and 207 Adelaide Street East, with a 7 year expiry date, is appropriate, and it is recommended that the City Solicitor forward a Bill to Council to implement such a by-law.

Contact Name:

Peter Langdon

Toronto City Hall

Telephone: (416) 392-7617

Fax: (416) 392-1330

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

Beate Bowron

Director, Community Planning, South District

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