City of Toronto  
HomeContact UsHow Do I...?Advanced search
Living in TorontoDoing businessVisiting TorontoAccessing City Hall
 
Accessing City Hall
Mayor
Councillors
Meeting Schedules
   
   
  City of Toronto Council and Committees
  All Council and Committee documents are available from the City of Toronto Clerk's office. Please e-mail clerk@city.toronto.on.ca.
   

 

Draft Zoning By-law and Official Plan Amendment -

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) (Downtown)



The Toronto Community Council recommends that:



(1) Recommendation Nos. (1)-(8) contained in the report (March 18, 1998) from the Director, Infrastructure Planning and Transportation, City Works Services, be adopted;



(2) City Council defer consideration of the following Recommendation Nos. (3), (4) and (5) until the Section 37 Agreement required in Recommendation No. (3) has been satisfactorily completed and executed:



"(3) That the Draft By-laws attached to the report (March 31, 1998) of the Solicitor to the Toronto Community Council (TCC Solicitor) be approved and authority be granted to introduce the necessary bills, substantially in accordance therewith, in City Council to give effect thereto, subject to:



(a) receipt of an executed agreement pursuant to Section 37 of the Planning Act securing those matters identified in the Draft By-laws in a form satisfactory to the TCC Solicitor;



(b) receipt of an executed election under Section 37 of the Planning Act from the owner in a form satisfactory to the TCC Solicitor;



(c) receipt by the Commissioner of Works and Emergency Services, of dimensioned plans of the development for the purpose of preparing site specific exemption By-laws at least 3 weeks prior to the introduction of Bills in Council;



(d) receipt by the Commissioner of Works and Emergency Services of a Noise Impact Statement in accordance with City Council's requirements;



(e) receipt by the Medical Officer of Health, of a satisfactory historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site;



(f) receipt by the Medical Officer of Health, of a satisfactory site audit for identification of all hazardous materials on the site;



(g) receipt by the Medical Officer of Health of the results of a satisfactory Soil and Groundwater Testing Program and a satisfactory Soil and Groundwater Management Plan, which characterizes soil conditions and proposes satisfactory remediation options;



(h) receipt of executed deeds and discharges as necessary to be held in escrow in a form satisfactory to the TCC Solicitor to secure the conveyance of the new North South Lane, the Bay Street and Wellesley Street West widenings and the Park and associated support easements, or letters of credit in an amount satisfactory to the TCC Solicitor in consultation with the Commissioner of Urban Planning and Development Services and in a form satisfactory to the Treasurer of the former City of Toronto;



(i) receipt of an executed deed to be held in escrow in a form satisfactory to the TCC Solicitor to secure the re-conveyance of the existing City lanes in the event the project does not proceed;



(j) receipt of title opinions in a form satisfactory to the TCC Solicitor from the owner relating to the land to be conveyed to the City; and



(k) receipt of security satisfactory to the TCC Solicitor to secure conveyance and construction of the new North South Lane;



(4) Recommendation Nos (1)-(19) of the report (March 18, 1998) of the Commissioner of Urban Planning and Development Services be adopted; and



(5) City Council endorse the Urban Design and Site Plan Guidelines attached as Appendix A to the report (March 31, 1998) from the Toronto Community Council Solicitor for inclusion in the Section 37 agreement and for use in evaluating each site plan application for each Parcel on the North Block of the East of Bay site."



The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public hearing was held on April 2, 1998 and the following persons addressed the Toronto Community Council:



- Mr. Richard Kuchynski, Goldlist Properties Inc.;

- Mr. William Archer, Toronto, Ontario;

- Mr. James Ramsby, Metro Toronto Condominium Corp. No. 561; and

- Mr. Martin Hill, Toronto, Ontario.



The Toronto Community Council submits the report (March 31, 1998) from the Toronto Community Council Solicitor:



Purpose:



This report provides the necessary draft Official Plan Amendment and Zoning By-law amendment to permit the comprehensive redevelopment of the North Block of the East of Bay Lands for residential and street related commercial uses, a public park and a new north south lane.



Funding Sources, Financial Implications and Impact Statement:



The enactment of the Draft By-laws has no financial implications or impact for the Corporation. It requires no funding.



Recommendations:



"It is recommended that:



(1) That the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the provisions of the Planning Act;



Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws it could recommend:



(2) That the Draft By-laws attached to the report (March 31, 1998) of the Solicitor to the Toronto Community Council (TCC Solicitor) be approved and authority be granted to introduce the necessary bills, substantially in accordance therewith, in City Council to give effect thereto, subject to:



(a) receipt of an executed agreement pursuant to Section 37 of the Planning Act securing those matters identified in the Draft By-laws in a form satisfactory to the TCC Solicitor;



(b) receipt of an executed election under Section 37 of the Planning Act from the owner in a form satisfactory to the TCC Solicitor;



(c) receipt by the Commissioner of Works and Emergency Services, of dimensioned plans of the development for the purpose of preparing site specific exemption By-laws at least 3 weeks prior to the introduction of Bills in Council;



(d) receipt by the Commissioner of Works and Emergency Services of a Noise Impact Statement in accordance with City Council's requirements;



(e) receipt by the Medical Officer of Health, of a satisfactory historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site;



(f) receipt by the Medical Officer of Health, of a satisfactory site audit for identification of all hazardous materials on the site;



(g) receipt by the Medical Officer of Health of the results of a satisfactory Soil and Groundwater Testing Program and a satisfactory Soil and Groundwater Management Plan, which characterizes soil conditions and proposes satisfactory remediation options;



(h) receipt of executed deeds and discharges as necessary to be held in escrow in a form satisfactory to the TCC Solicitor to secure the conveyance of the new North South Lane, the Bay Street and Wellesley Street West widenings and the Park and associated support easements, or letters of credit in an amount satisfactory to the TCC Solicitor in consultation with the Commissioner of Urban Planning and Development Services and in a form satisfactory to the Treasurer of the former City of Toronto;



(i) receipt of an executed deed to be held in escrow in a form satisfactory to the TCC Solicitor to secure the re-conveyance of the existing City lanes in the event the project does not proceed;



(j) receipt of title opinions in a form satisfactory to the TCC Solicitor from the owner relating to the land to be conveyed to the City; and



(k) receipt of security satisfactory to the TCC Solicitor to secure conveyance and construction of the new North South Lane;



(3) That recommendations 1-19 of the report (March 18, 1998) of the Commissioner of Urban Planning and Development Services and recommendations 1-8 of the report (March 18, 1998) of the Director, Infrastructure Planning and Transportation, City Works Services, be adopted;



(4) That City Council endorse the Urban Design and Site Plan Guidelines attached as Appendix A for inclusion in the Section 37 agreement and for use in evaluating each site plan application for each Parcel on the North Block of the East of Bay site; and



(5) That City Council consideration of recommendations 2, 3 and 4 of this report be deferred until the Section 37 Agreement required in recommendation 2 has been satisfactorily completed and executed."



Council Reference/Background/History:



The Toronto Community Council will have to before it the report of the Commissioner of Urban Planning and Development Services (March 18, 1998) concerning the above noted project. That report recommends amendment of the Official Plan for the former City of Toronto together with a complimentary Zoning By-law Amendment to permit the project to proceed.



Comments and/or Discussion and/or Justification:



This report contains the necessary Draft By-laws to implement recommendation 1 of the report (March 18, 1998) of the Commissioner of Urban Planning and Development Services. Negotiation of the Section 37 agreement has not been completed and there may be other matters which need to be dealt with by Toronto Community Council or City Council prior to the adoption of bills. The owner appealed this matter to the Ontario Municipal Board on February 20, 1998 on the basis that City Council had refused or neglected to adopt by-laws to implement the application. Staff will continue the process to permit the proposed development on the site unless instructed otherwise.



In consultation with the Commissioner of Urban Planning and Development Services I have attached the recommended Urban Design and Site Plan Guidelines as Schedule "A", for endorsement by the Toronto Community Council and City Council. The guidelines were used in the Master Plan Agreement entered into in April 1997 between the owner and the former City of Toronto. The Guidelines have been updated to reflect the more recent filing by the owner of Plan A2 on September 17, 1997 but otherwise remain the same. The Guidelines provide the general development parameters in a manner which achieves compatibility with the development on the South Block, within the context of the recommended Official Plan amendment and Zoning By-law amendment.



As this involves a section 37 agreement, Council should adopt by-laws and authorize the agreement if it wishes the project to proceed rather than authorizing a form of by-law for adoption by the OMB. I and the Commissioner of Urban Planning and Development Services recommend that City Council not consider this clause until the Section 37 agreement has been executed by the owners and encumbrancers have postponed their interest.



Conclusions:



N/A



Contact Name: Gordon Townend, Solicitor

(416) 392-6905

(416) 392-0024

gtownend@city.toronto.on.ca





--------



Authority: Toronto Community Council

Report No. ( )

Intended for first presentation to Council: , 1998

Adopted by Council:



CITY OF TORONTO

Bill No.

DRAFT BY-LAW (1) BY-LAW No. -1998





To adopt an amendment to the Official Plan for the former City of Toronto, respecting 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)





The Council of the City of Toronto enacts as follows:



1. The text and map annexed hereto as Schedule A, are hereby adopted as an amendment to the Official Plan for the former City of Toronto.



2. This is Official Plan Amendment No. 121.







ENACTED AND PASSED this day of , A.D. 1998.



MEL LASTMAN, NOVINA WONG,

Mayor City Clerk



(Corporate Seal)



--------



SCHEDULE "A"



Section 18 of the Official Plan for the former City of Toronto is amended by adding as Section 18.472 the following text and map:





"18.472 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 High Density and Medium Density and pursuant to Section 37 of the Planning Act, Council may pass by-laws respecting the lot shown on Map 18.472 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 $150,000.00 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 thereto or pay for the improvements to be provided;



(e) design, construct and maintain the project in accordance with an approved Noise Impact Statement;



(f) investigate the lot and prepare and implement an appropriate Soil and Groundwater Management Plan and Demolition and Excavation Dust Control Plan for the entire lot and the land to be conveyed to the City;

(g) identify and secure in as much detail as possible, 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, changes, 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, park design changes, load bearing capacity of the roof of the underground parking structure, drainage, the restoration of the park after construction, rough grading, ground and storm water management, the 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 Street and Wellesley Street West, and provision of interim landscaping on all unfinished Parcels;



(h) amend the agreement made pursuant to Section 37 of the Planning Act, prior to development review approval for each phase to finalize the parks related matters identified in the previous subsection, if required by the City Solicitor;



(i) convey a contiguous 2 017 square metre parcel of land to the City to create a new park on the lots as each of Parcels 3, 4, 5 and 6 are constructed in accordance with the Section 37 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, certifying 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 pedestrian walkways through the Wellesley and Bay Street frontages to the Park;



(o) implement City endorsed Urban Design and Site Plan 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) install and maintain satisfactory interim parkland on the lot until permanent parkland improvements are provided;



(r) provide a payment of money instead of land for parks purposes as each Parcel is developed, to be for parks improvements within Ward 24 of the City of Toronto, all in accordance with the Section 37 Agreement;



(s) provide a plan for interim parkland improvements on the lot and provide and maintain appropriate utility services for irrigation lighting and drainage of the interim landscaping and parkland conveyed to the City;



(t) maintain the underground parking garage and insure and indemnify the City for damages in the event of failure of the garage to support parkland conveyed to the City;



(u) provide 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;



(v) submit a satisfactory grading and drainage plan for the entire lot prior to approval of the first building permit on any Parcel on the lot.



(w) implement the facilities services and matters set forth in sections 1(a) to (v) within the time frames provided for each such facility, service or matter in the agreement referred to in section 1(x);



(x) 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 (w) and such agreement is registered on title to the lot as a first charge against the lands;



and if



(y) not more than 21490 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 3 on Map 18.472;



(z) not more than 500 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 3 on Map 18.472;



(aa) not more than 25 800 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 4 on Map 18.472;



(bb) not more than 975 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 4 on Map 18.472;



(cc) not more than 16 360 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 5 on Map 18.472;



(dd) not more than 2 190 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 5 on Map 18.472;



(ee) not more than 10 590 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 6 on Map 18.472;



(ff) not more than 515 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 6 on Map 18.472;



(gg) a colonnade or covered walkway is continuously provided on the Bay Street and Wellesley Street edges of the lot as configured after conveyances and on Breadalbane Street for 10 metres east of Bay Street.



2. Section 16.10 of the Official Plan for the former City of Toronto does not apply to the lands shown as Parts on Plan , provided the lands are conveyed to the City for fair market value. (new north south lane as widened)





(map(s) to be attached showing lot, Parcels 3-6, Bay Street and Wellesley Street West widenings
and north south lane)



--------



Authority: Toronto Community Council

Report No. ( )

Intended for first presentation to Council: , 1998

Adopted by Council:





CITY OF TORONTO

Bill No.

DRAFT BY-LAW (2) BY-LAW No. -1998



To amend the Zoning By-law for the former City of Toronto, No. 438-86 with respect to 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)



(Passed , 1998.)



WHEREAS pursuant to Section 37 of the Planning Act, the Council of the municipality may in a By-law passed under Section 34 of the Planning Act, authorize increases in the height or density of development beyond that otherwise permitted by the By-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the By-law;



AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities services and matters;



AND WHEREAS the owner of the lot has elected to provide the facilities, services or matters as are set out in this by-law;



AND WHEREAS the increase in height and density of development permitted under this By-law beyond that otherwise permitted on the aforesaid lot by By-law No. 438-86, as amended, is to be permitted in return for the provision of the facilities services and matters set out in this By-law and to be secured by one or more agreements between the owner of the lot and the City of Toronto;



AND WHEREAS the Council of the City of Toronto has required the owner of the lot to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in permitted height and density in connection with the lot;



THEREFORE the Council of the City of Toronto HEREBY ENACTS as follows:



1. None of the provisions of Sections 4(2)(a), 8(3) Part I 1 and 8(3) Part I 1(3)(a) of By-law No. 438-86 being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, shall apply to prevent the phased erection and use on the lot shown on Plan 1 attached to and forming part of this By-law, of not more than four above grade buildings containing more residential gross floor area than otherwise permitted by By-law 438-86 and non-residential gross floor area used for no purpose other than street-related and retail and service uses provided:



(1) the lot on which such buildings are located comprises at least those lands delineated by heavy lines on Plan 1 attached to and forming part of this By-law;



(2) no portion of any building or structure located above grade is located otherwise than wholly within the areas delineated by heavy lines on Plan 2 attached hereto, exclusive of railings;



(3) no portion of any building or structure erected or used on the lot is located above the height limits shown on Plan 2 attached hereto exclusive of parapets and of rooftop structures and elements permitted by and complying with Sections 4(2)(a)(I) or (ii) of the aforesaid By-law No. 438-86;



(4) not more than 21 490 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 3 on Plan 2;



(5) not more than 500 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 3 on Plan 2;



(6) not more than 25 800 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 4 on Plan 2;



(7) not more than 975 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 4 on Plan 2;



(8) not more than 16 360 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 5 on Plan 2;



(9) not more than 2 190 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 5 on Plan 2;



(10) not more than 10 590 square meters of residential gross floor area is erected or used on that part of that lot identified as Parcel 6 on Plan 2;



(11) not more than 515 square meters of non-residential gross floor area is erected or used on that part of the lot identified as Parcel 6 on Plan 2;



(12) the parking facilities required by Section 4(5) of the aforesaid By-law No. 438-86 as amended, shall apply to each Parcel on the lot except that despite the provisions of that Section, parking shall be provided only in an underground garage located on the lot;



and in the case of dwelling units located on the lot save and except for dwelling units comprising social housing, or senior citizens' housing, parking shall be provided on the lot to 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;



(13) residential amenity space is provided on the lot such that the provisions of Section 4(12) of the aforesaid By-law 438-86 are complied with for each building on each parcel;



(14) the lot is developed in not more than four phases as shown on Plans 3A, 3B, 3C and 3D;



(15) at least 60 per cent of the length of the frontage of each of Parcels 3 and 4 abutting Bay Street is used for the purpose of street-related retail and service uses;



(16) at least 60 per cent of the length of the portion of the frontage of each of Parcels 4 and 5 abutting Wellesley Street West is used for the purpose of street-related retail and service uses;



(17) a loading lane, at least 3.5 metres in width adjacent to the 1-way portion of the internal at grade driveway system is provided and maintained;



(18) colonnades or covered walkways or a combination of both are continuously provided throughout the hatched areas shown on Plan 3 attached to and forming part of this By-law;



(19) the owner of the lot, at their expense and in accordance with and subject to the agreement referred to in section 1(19) herein:



(a) pays to the City of Toronto $150,000.00 in cash or provides security for that amount by letter of credit for park improvements at the time this zoning by-law is passed;



(b) constructs 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) provides space within the development for the construction of utility vaults and access holes;



(d) provides improvements including tree planting to the widened public and private sidewalks along Bay Street and Wellesley Street West to the City's standards, at no cost to the City;



(e) designs, constructs and maintains the project in accordance with an approved Noise Impact Statement;



(f) investigates the lot and prepares and implements a satisfactory Soil and Groundwater Plan and a Demolition and Excavation Dust Control Plan for the entire lot and the land to be conveyed to the City;

(g) identifies and secures in as much detail as possible, 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, changes, 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, park design changes, load bearing capacity of the roof of the underground parking structure, drainage, the restoration of the park after construction, rough grading, ground and storm water management, the 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 Street and Wellesley Street West, and provision of interim landscaping on all unfinished Parcels;



(h) installs and maintain satisfactory interim parkland on the lot until permanent parkland improvements are provided;



(i) provides a payment of money instead of land for parks purposes as each Parcel is developed, Phase 3: $331,388.00; Phase 4: $403,498.00; Phase 5: $279,549.00; Phase 6: $167,352.00, escalated in accordance with the Toronto CMA Construction Price Index to be for parks improvements within Ward 24 of the City of Toronto, all in accordance with the Section 37 Agreement;



(j) provides a plan for interim parkland improvements on the lot and provide and maintain appropriate utility services for irrigation lighting and drainage of the interim landscaping and parkland conveyed to the City;



(k) maintains the underground parking garage and insures and indemnifies the City for damages in the event of failure of the garage to support parkland conveyed to the City;



(l) amends the agreement made pursuant to Section 37 of the Planning Act, prior to development review approval for each phase to finalize the parks related matters, if required by the City Solicitor;



(m) conveys a contiguous 2 017 square metre parcel of land to the City to create a new park on the lots as each of Parcels 3, 4, 5 and 6 are constructed in accordance with the Section 37 Agreement;



(n) conveys 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, 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 owner until such time as said lands have been laid out and dedicated, by the City, for public highway purposes;



(o) conveys to the City, at nominal cost, prior to the issuance of a building permit, a 3 metre wide strip of land and a 5 metre wide strip of land to the full extent of the lot abutting the south limit of Wellesley Street West and the east limit of Bay Street, respectively, such land and a 6.1 metre wide strip of land to the east of the lot, all of such land 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 owner until such time as said lands have been laid out and dedicated, by the City for public highway purposes;



(p) provides 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 conveyances and road widenings;



(q) submits and has approved by the Commissioner of Works and Emergency Services, a grading and drainage plan for the entire lot prior to approval of the first building permit on any Parcel on the lot.



(r) provides and maintains public art on the lot or on lands owned by the City in the vicinity of the lot with a total value of not less than one per cent of the cost of construction on the lot, provided that all costs related to the construction of pedestrian walkways, inclusive of colonnades, and public parks shall not be included in such valuation;



(s) provides and maintains publicly accessible continuous public pedestrian walkways on the lot at least to the extent shown on Plan 4, and which are open to the public 24 hours each day, each day of the year;



(t) implements satisfactory City endorsed Urban Design and Site Plan Guidelines;



(u) does 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, certifying 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; and



(v) implements the facilities, services and matters set forth in sections 1(19)(a) to (v) herein within the time frames provided for each such facility, service or matter in the agreement referred to in section 1(20) herein; and

(20) the owners of the lot enter into an agreement with the City pursuant to Section 37 of the Planning Act, to secure the facilities, services and matters referred to in section 1(19) herein, and consent to such agreement being registered on title to the lot as a first charge against the lot.



2. For the purposes of this by-law:



(1) "colonnade" means an open air covered public pedestrian walkway



(a) with a row of columns on one side, adjacent to Bay Street and Wellesley Street West as widened and Breadalbane Street for 10 metres east of Bay Street as widened, and an exterior wall of the adjoining building on the lot, along the other side;



(b) with a clear height of not less than 6.5 metres;



(c) with a clear width, free of obstructions including columns and supports of not less than 3.5 metres perpendicular distance between the inside of the column and the exterior wall of the adjoining building on the lot at grade;

(2) "covered walkway" means a public pedestrian walkway:



(a) with a clear height of not less than 4.0 metres;



(b) with a clear width, free of obstructions including columns and supports of not less than 3.5 metres perpendicular distance between the outside edge of the cover over the walkway and the exterior wall of the adjoining building on the lot at grade; and



(c) with a cover over the walkway commencing on one side, adjacent to Bay Street and Wellesley Street West as widened and Breadalbane Street for 10 metres east of Bay Street as widened, to an exterior wall of the adjoining building on the lot along the other side;

(3) "grade" means



(a) for the lands comprising Parcel 3 and Parcel 4 on Plan 2, 106.22 metres Canadian Geodetic Datum;



(b) for the lands comprising Parcel 5 on Plan 2 , 107.02 metres Canadian Geodetic Datum; and



(c) for the lands comprising Parcel 6 on Plan 2, 105.99 metres Canadian Geodetic Datum;



(4) "height limit" means the level above grade for each area shown outlined by heavy lines on Plan 2;



(5) "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; and;



(6) "public pedestrian walkway" means an exterior pedestrian walkway that:



(a) is open and accessible to the public at all times



(b) illuminated to a minimum average intensity of 10 lux on the walkway surface;



(c) maintained clear of snow and ice at all times;



(d) is designed and intended for and is used by the public; and



(e) is not used for commercial purposes, including retail areas, commercial display areas or other rentable space."



(7) except where otherwise defined in this By-law, each other word or expression which is italicized in this by-law shall have the same meaning as each word or expression as defined in By-law No. 438-86, as amended.



3. Section 12(6) of By-law 438-86 does not apply to the lands shown as Parts on Plan , provided the lands are conveyed to the City for fair market value. (new north south lane as widened)



(maps to be attached showing lot, Parcels, Bay Street and Wellesley Street West widenings, Park
and north south lane)

ENACTED AND PASSED this day of , A.D. 1998.



MEL LASTMAN, NOVINA WONG,

Mayor City Clerk



(Corporate Seal)



--------



Appendix A



URBAN DESIGN AND SITE PLAN GUIDELINES



  • The Owner agrees to undertake the development of the North Block Development substantially in accordance with the conceptual site plan as shown on Drawing A2 - Roof Plan prepared by Fliess Gates McGowan Easton Architects and date stamped as received by Urban Development Services on September 17, 1997 and in accordance with the Urban Design and Site Plan Guidelines substantially as set out below:


    • Building Heights/Colonnades and Setbacks - General


      • Building heights, colonnades and setbacks for the North Block Development should be compatible with the South Block Development.


      • Along the building facade along Bay Street, Wellesley Street West and for 10 metres east of Bay Street on Breadalbane Street, a colonnade is required. In order to maintain a consistent form, a minimum clear dimension of 3.5 metres in width and 4.0 metres in height is required. A double height colonnade opening would also be permitted.


      • A horizontal expression line shall be provided at the top of the second storey along the Bay Street and Wellesley Street West frontages. Expression lines may be achieved through a variety of methods. The use of colour, materials, texture, or architectural details like reveals, projecting design elements, belt courses, or cornice lines are appropriate.


      • Generally, these expression lines should be approximately 1.0 metre in width, running the full length of the facade on Wellesley Street West and Bay Street between a height of 7.5 and 9.5 metres.


      • Column interval spacing may range between 3.2 metres to a maximum of 7.0 metres on centre.


      • Bay Street Elevation(s):


            • The massing including setbacks, modulation and articulation for the North Block Development should be compatible with the South Block Development in order to provide a similar built form and streetscape environment along all street frontages.


            • The Bay Street facade above the colonnade in the North Block Development should be built to the street line save and except for minor building articulations, in order to facilitate a strong wall condition along this main street, similar to the massing of the Bay Street facade of the South Block Development.


            • Retail uses should be located and accessed at grade along Bay Street.


            • The residential lobbies should be highly visible, and located generally in the centre of the block.


            • At the rear of the buildings, modulation, articulation and setbacks must be provided and are intended to reduce wind impact and to visually break up the building including the podium into smaller massing increments.


            • Breadalbane Street Elevation(s):


              • A sufficient portion of the Breadalbane Street facade above the colonnade on the North Block should be built to the street line, save and except for minor building articulations, in order to establish a strong street wall condition which replicates the Breadalbane facade of the South Block Development.


              • Wellesley Street West Elevation(s):


                • The massing including setbacks, modulation and articulation for the North Block Development should be compatible with the South Block Development in order to provide a compatible built form and streetscape environment along all street frontages.


                • The Wellesley Street West facade above the colonnade in the North Block should be built to the street line, save and except for minor building articulations, in order to facilitate a strong wall condition along this main street, in a similar manner as the Bay Street facade of the South Block Development.


                • Retail uses should be located and accessed at grade along Wellesley Street West.


                • The residential lobbies should be highly visible and located generally in the centre of the block.


                • At the rear of the buildings, modulation, articulation and setbacks must be provided and are intended to reduce wind impact and to visually break up the building including the podium into smaller massing increments.


                • Building Facades Which Face the North Block Parkland:


                  • All rear facades which face the North Block Parkland should be modulated, articulated and thereby intrinsically interesting as they will have a major impact on the public open space, similar to the massing of the South Block Development.


                  • At the rear of the buildings, modulation, articulation and setbacks must be provided and are intended to reduce wind impact and to visually break up the building including the podium into smaller massing increments.


                  • The size and impact of service areas shall be reduced as much as possible and the quality and size of the pedestrian environment shall be enhanced as much as possible.


                  • Public Parkland /Private Open Space Plan:


                    • A centrally located, at grade public open space (the North Block Parkland) must be constructed on the North Block with pedestrian access points clearly visible from Bay Street, Wellesley Street West and Breadalbane Street. This park should be surrounded buildings configured in a C shape with building faces on Bay Street, Wellesley Street West, and Breadalbane Street, as shown on Drawing A2.


                    • The Proposed Park of the North Block Parkland shall be a continuation of the Proposed Park of the South Block Development as shown on Drawing A2 and shall have appropriate pedestrian connections and uniform pavement designating the unification of the park and emphasizing a visual linkage between the parks on the north and south sides of Breadalbane Street.


                    • The final design of the park shall be in accordance with an approved program for the space.


                          • The abutting buildings and grade related uses will provide visual surveillance opportunities on the North Block Parkland including views from living areas within residential units, and from retail and commercial uses.


                          • At grade uses adjacent to the North Block Parkland should be compatible with and complement the park's activities. The size and impact of service areas shall be reduced as much as possible and the quality and size of the pedestrian environment shall be enhanced as much as possible.


                          • Pedestrian Walkways/Landscape Areas:


                            • The area of the North Block Development at the corner of Bay Street and Wellesley West Street shall be designed and constructed as a pedestrian gathering place, and as such, should be treated with appropriate pedestrian amenities and streetscape improvements.


                            • There shall be a direct pedestrian access to the public open space from the corner of Bay Street and Wellesley Street West; the access may take the form of an open air at-grade passageway which may be built over; the open space shall be visible from the corner of Bay Street and Wellesley Street West and shall be directly accessible to the public without the necessity of walking through a building interior.


                            • The open space shall be highly visible and accessible from Breadalbane Street.


                            • A 5 metre wide landscaped pedestrian promenade on the Bay Street frontage adjacent to the North Block Development is required. It shall be a continuation of and compatible with the landscaping treatment along Bay Street for the South Block Development.


                            • The sidewalk shall contain a double row of trees along Bay Street with appropriate street furniture and lighting.


                            • Service/Parking Areas:


                              • All parking and service entry points for the North Block Development shall occur from a private lane located at the rear of the buildings. This lane shall run parallel to the perimeter of the North Block Parkland and be generally aligned with the South Block Development lane.


                              • Any new access or service lane shall have an ingress/egress off Breadalbane Street and have a minimum width of 7 metres and a minimum vertical clearance of 6.5 metres. Landscaping and/or architectural screening of the building shall be provided to mitigate any impact of the building, including service areas, on the adjacent public or private open space.


                              • A minimum of a 3 metre wide land conveyance to the City on the Wellesley Street West frontage for road widening purposes together with a building setback and possible conveyance to the City of an additional 2 metres along the Wellesley Street West frontage for publicly accessible sidewalk purposes, are required.




                              • The Toronto Community Council also submits the report (March 18, 1998) from the Commissioner of Urban Planning and Development Services:



                                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 Unit Minimum Parking Requirement



                                Bachelor units 0.3 spaces/unit



                                1 Bedroom units 0.7 spaces/unit



                                2 Bedroom units 1.0 spaces/unit



                                3 or more Bedroom units 1.2 spaces/unit



                                Visitor Parking Requirement 0.06 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 Metres Measured from Average Grade of:



                                III 27 78.50 105.98 m. along Bay Street

                                IV 33 91.64 106.22 m. along Bay Street

                                V 9 30.00 107.02 m. along Wellesley Street

                                VI 10 30.00 105.99 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 Area Density



                                Residential 74,220 square metres 4.94

                                Non-residential 4,180 square metres 0.28



                                Total 78,400 square metres 5.22



                                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 Count Non-Residential GFA

                                Square Metres Square Metres

                                III 21,490 232 500

                                IV 25,800 259 975

                                V 16,360 170 2190

                                VI 10,570 120 515



                                The suite count is approximate. The by-laws are proposed to permit up to 825 units.



                                1.1 Site 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.



                                1.2 Planning Controls



                                (i) Official Plan



                                The subject site is split designated: High Density Mixed Commercial Residential Area "A" 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.



                                1.3 Reasons 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 "A" 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.



                                2.0 Planning Considerations



                                2.1 Comprehensive 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.



                                2.2 Redeployment 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.



                                2.3 Built 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.



                                2.4 (a) 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 remnant 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.



                                2.5 Public 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 "East 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.



                                2.6 Streetscape 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.



                                2.7 Environmental 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.



                                2.8 Public 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.



                                2.9 Transportation 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.



                                2.10 Use



                                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.



                                2.11 Other 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 objection 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.



                                2.12 Issues 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.



                                2.13 Implementation



                                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



                                --------



                                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 DAV. Corp.

                                65 Overlea Blvd. #300

                                421-3020

                                Agent:

                                East of Bay DAV. 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


                                Comments
                                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 Residential Maximum Non-Residential

                                Gross Floor Area Gross Floor Area



                                3 21,490 500

                                4 25,800 975

                                5 16,360 2190

                                6 10,590 515

                                (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:



                                Phase Maximum Residential Maximum Non-residential

                                Gross Floor Area Gross Floor Area



                                3 21,490 500

                                4 25,800 975

                                5 16,360 2,190

                                6 10,590 515



                                (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 / Indemnity / 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 "East 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



                                "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 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 Unit Minimum Parking Requirement



                                Bachelor units 0.3 spaces/unit



                                1 Bedroom units 0.7 spaces/unit



                                2 Bedroom units 1.0 spaces/unit



                                3 or more Bedroom units 1.2 spaces/unit



                                Visitor Parking Requirement 0.06 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.



                                2. 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.



                                3. 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.



                                4. 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.



                                5. 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.



                                6. 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.



                                8. 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.



                                9. 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 m 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 "as-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© 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



                                "We 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

                                "Our 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 "street-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 "ring 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:



                                "All 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 "Sod" 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'Grady Planning Advisory Committee

                                Gregg Lintern Urban Development Services

                                Deborah Porte Urban Development Services

                                Rob Watson Community Services



                                For the Applicant:



                                Sharyn Vincent Vincent Planning

                                Terry Lustig East of Bay Development Corporation

                                Richard Kuchynski Ontario Realty Corporation

                                Terry McGowan Fliess Gates McGowan Easton Architects

                                Connie Tintinalli Fliess 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 "eyes 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.



                                Insert Table/Map No. 1

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 2

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 3

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 4

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 5

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 6

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 7

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 8

                                909, 931, 935, 945 Bay Street



                                Insert Table/Map No. 9

                                909, 931, 935, 945 Bay Street



                                The Toronto Community Council also submits the following report (March 18, 1998) from the Director, Infrastructure Planning and Transportation, City Works Services:



                                Purpose:



                                To obtain City Council approval for the closing and conveyancing of the existing public lane in the block bounded by Bay Street, Wellesley Street West and Breadalbane Street, and to create a new lane outlet on the site in connection with a proposed development.



                                Funding Sources, Financial Implications and Impact Statement:



                                The proposal will generate revenues to the City as determined by the Commissioner of Corporate Services and set out in this report. The net proceed from the sale of these lands should be credited to the Capital Funds From Assets Sold Account.



                                Recommendations:



                                Subject to the Official Plan Amendment and Rezoning of the lands comprising 909, 931, 935 and 945 Bay Street, 5, 11 and 25 Wellesley Street West and 14, 16, 20, 26, 30 and 38 Breadalbane Street (Application No. 197014) being approved, together with any additional terms and conditions that may be determined by Council in considering recommendations of the Toronto Community Council:



                                (1) That City Council consider passing of the by-law to close and convey the public lane shown as Parcels A, B, C and D on the attached Plan SYE2851, at the same time, or subsequent to, approving the by-laws for the proposed Rezoning of the site;



                                (2) That City Council, by by-law declare as surplus the public lane owned by The City of Toronto, shown as Parcels A, B, C and D on Plan SYE2851;



                                (3) That City Council set the price for the public lanes to be conveyed to Ontario Realty Corporation, at the rate of $1,375.96 per square metre;



                                (4) That City Council declare the proposed conveyance of the subject lands shown as Parcels A, B, C and D on Plan SYE2851, to be in compliance with Section 3.3 of the Official Plan, Part 1 - Cityplan;



                                (5) That the public lane shown as Parcels A, B, C and D on Plan SYE2851, be stopped-up and closed upon compliance by Ontario Realty Corporation with the following terms and conditions:



                                (a) Indemnify the City, together with such other persons as the City Solicitor may require, against all loss, cost, damage or action arising as a result of the closing;



                                (b) Prior to the public lane shown as Parcels A, B, C and D on Plan SYE2851 being conveyed, the Ontario Realty Corporation convey to the City, the lands comprising the new public lane, shown as Parcel E on Plan SYE2851, such lands to be free and clear of all encumbrances and subject to a right of way in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane purposes. These lands must be constructed to City specifications and standards acceptable to the Commissioner of Works and Emergency Services. In this regard, Ontario Realty Corporation shall:



                                (i) Engage the services of a qualified Municipal Consulting Engineer, satisfactory to the Commissioner of Works and Emergency Services, for the design and field supervision of all underground and surface public works services and facilities;



                                (ii) Prepare and submit for the approval of the Commissioner of Works and Emergency Services, detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;



                                (iii) Provide, upon completion of the work, "as constructed" drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;



                                (iv) Provide letters of credit in the amount of 120% of the estimated cost for all municipal infrastructure or such lesser amount as the Commissioner of Works and Emergency Services may approve, for the development as determined by the Municipal Consulting Engineer and approved by the Commissioner, prior to the earlier of issuance of a building permit or commencement of construction of the infrastructure for the development until completion of the work;



                                (v) Provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Engineer and acceptance by the Commissioner of Works and Emergency Services; and



                                (vi) Construct all utilities underground.



                                (c) Pay the price, estimated to be $1,602,993.56 for the fee in the land comprising Parcels A, B, C and D on Plan SYE2851, less the value of the land to be conveyed to the City for the new lane outlet, based on the same unit rate, estimated to be $467,756.80, for a balance owing of $1,135,236.76;



                                (d) Pay the applicable G.S.T. and Land Transfer Tax for the new lane lands, shown as Parcel E on Plan SYE2851, with the exact amount to be determined by the Commissioner of Corporate Services;



                                (e) Pay the cost of adjusting the City's public works facilities, estimated to be in the amount of $14,000.00, consisting of:



                                (i) Abandoning the 300mm sewer in the lane; and



                                (ii) Replacing the existing ramp-type curbs and sidewalks on Bay Street and Wellesley Street West with new standard curbs and sidewalks, including boulevard adjustments.



                                (f) Pay the cost of adjusting the facilities of Toronto Hydro at the new lane outlet to Wellesley Street West, including relocation of a hydro pole, estimated to be $4,000.00, and adjustment to Cable Chamber (#6465) located on Wellesley Street West, with the extent of the work and the estimated cost to be determined by Toronto Hydro.



                                (g) Provide Bell Canada and Rogers Cable with 2 months notice to remove or abandon their cables located within the lane to be closed;



                                (h) Pay all out of pocket expenses that will be incurred by the City as a result of the closing and conveyancing, estimated to be $1,500.00, and agree that any such money expended will not be refunded in the event that the transaction is not completed;



                                (i) Provide a Reference Plan integrated with the Ontario Co-ordinate System, showing the Parcels to be closed and conveyed, and the new lane outlet, as separate PARTS thereon;



                                (j) Comply with such other terms and conditions relative to the proposal as the City Solicitor may deem advisable to protect the City's interests;



                                (6) That upon acquisition by the City, the lands identified as Parcel E on Plan SYE2851, be laid out and dedicated for public lane purposes;



                                (7) That upon compliance with the terms and conditions set out in Recommendation No. 5 above, and any other agreements to be entered into between Ontario Realty Corporation and the City, the subject lane, shown as Parcels A, B, C and D on Plan SYE2851, be conveyed to Ontario Realty Corporation; and



                                (8) That the appropriate City Officials be authorized to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any Bills that might be required, including the necessary Bill to amend Schedule "A" of By-law No. 1995-0194, and provide notice to the public.



                                Comments:



                                An application has been submitted by East of Bay Development Corporation on behalf of Ontario Realty Corporation (ORC), for the closing and conveyancing of the public lane 36.39 metres north of Breadalbane Street, extending easterly from Bay Street, thence northerly to Wellesley Street West, shown as Parcels A, B, C and D on the attached Plan SYE2851. In exchange for Parcel D a new lane outlet, shown as Parcel E on Plan SYE2851, will be constructed privately at the east end of the block. The new lane outlet will provide a continuous connection between Breadalbane Street and Wellesley Street West, and serve as an access route for properties fronting on Yonge Street. The private Rights-of-Way that currently exist at this location will be extinguished prior to the conveyance of the new lane to the City. The new lane (Parcel E) will be constructed to City standards by the applicant, at no cost to the City.



                                I have assessed the proposal and consider it feasible, provided the ORC complies with the terms and conditions set out under Recommendation No. 5 above.



                                The ORC proposes to use Parcels A, B, C and D to consolidate its land holdings in the block for a proposed mixed use redevelopment incorporating a series of residential condominium buildings framing a central park to be constructed on the site. The Commissioner of Urban Planning and Development is currently processing Rezoning Application No. 197014 for the site comprising

                                Premises Nos. 909, 931, 935 and 945 Bay Street, 5, 11 and 25 Wellesley Street West and 14, 16, 20, 26, 30 and 38 Breadalbane Street, including the lane to be closed.



                                The City currently maintains a 300mm sewer in the lane to be closed, which will have to be removed. The existing ramp-curbs and sidewalks will have to be replaced with new standard curbs and sidewalks, including boulevard adjustments, on Bay Street and Wellesley Street West.

                                In addition, Bell Canada and Rogers Cable facilities within the lane to be closed will require adjustment.



                                Toronto Hydro has advised that its Cable Chamber (#6465) located on Wellesley Street West at the entrance to the proposed new lane outlet, will require adjustment, and has provided 2 options:



                                (i) Lower the roof of the cable chamber, at an estimated cost of $10,000.00; or



                                (II) Rebuild the cable chamber, estimated to cost $30,000.00.



                                Additional costs may be incurred for cabling, as Toronto Hydro will require detailed plans showing the extent of sidewalk construction proposed for Wellesley Street West before a determination is made on the preferred option.



                                At the time of the initial review of the lane closing proposal, the surface lands of the area shown hatched, identified as Parcel B, were proposed to be retained by the City for park purposes. However, the conveyance for parkland on the site will coincide with the phasing of the development lands and the terms will be secured by the Section 37 agreement between ORC and the City.



                                I have not confirmed the agreement of the applicant to the foregoing terms and conditions in time to meet the agenda deadline for next meeting of the Toronto Community Council, although the applicant's agent is aware of this report.



                                This undertaking is exempt from Environmental Assessment in accordance with the Class Environmental Assessment for Municipal Road Projects.



                                Pursuant to the provisions of the Planning and Municipal Statute Law Amendment Act 1994 (Bill 163), Council must explicitly declare any real property owned by the City but intended to be disposed of as surplus by by-law and give notice to the public of the proposed disposition. The recommendations noted above ensure that this lane closing and conveyancing will fulfil the statutory requirements and accordingly will conform to the process set out in By-law No. 1995-0146.



                                Contact Name and Telephone Number:



                                Laurie Robertson, Project Technician - Street and Lane Closings (392-7711)



                                --------



                                The Toronto Community Council reports for the information of Council, also having had before it during consideration of the foregoing matter, the following communications, copies of which have been forwarded to City Council under separate cover:



                                - (March 30, 1998) from Ms. James A. Ramsay, P. Eng., President of the Board of Directors, Metropolitan Toronto Condominium Corporation No. 561; and

                                - (March 31, 1998) from Ms. Connie Tintinalli, B.E.S., B.Arch., Fliess Gates McGowan Easton / Architects Inc.













                                Insert Table/Map No. 1

                                Bay Street/Wellesley Street West/Yonge Street/Breadalbane Street



                                 

   
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@city.toronto.on.ca.

 

City maps | Get involved | Toronto links
City of Toronto 1998-2001