- 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
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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 |
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 m² 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.
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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)
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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