The Toronto Community Council recommends the adoption of the following report (March 31, 1998) from the Commissioner, Urban Planning and Development Services:

Purpose:

This report seeks Council's endorsement of an Ontario Municipal Board (OMB) settlement of a Committee of Adjustment appeal with the developer of 550 Queens Quay West. The proposed settlement is acceptable to City staff and to the Bathurst Quay Neighbourhood Association, one of the appellants.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that the City Solicitor be authorized to settle the appeal of the Committee of Adjustment decision regarding 550 Queens Quay West, at the Ontario Municipal Board, substantially in accordance with the terms set out in Appendix A of this report, with support from the Commissioner of Urban Planning and Development Services as deemed necessary.

Comments:

On March 4, 1998, City Council directed the City Solicitor and the Commissioner of Urban Planning and Development Services to appear at the OMB in support of the Bathurst Quay Neighbourhood Association's (BQNA's) appeal of the Committee of Adjustment decision (Clause 50, TCC Report No. 2). An OMB hearing has been scheduled for April 27, 1998.

Further to my status report of March 18, 1998, I can now advise that settlement negotiations between the developer, City planning staff and the BQNA have concluded, and all three parties are agreeable to the following amendments to the building proposal:

(a) Any permission for surface parking is deleted. This will improve the quality of open space at grade on the site.

(b) Retail at grade shall be secured, so that the ground floor of the building will have a minimum of 39.5 linear metres of retail along the Queen's Quay West frontage, to a minimum depth of 7.5 metres. This will meet, and in fact exceed, the Harbourfront By-law stipulation that 50% of the Queens Quay West frontage be occupied by street-related retail uses.

(c) Within the required retail area described above, dwelling units and personal recreation space shall be prohibited. However, at-grade dwelling units and personal recreation space would be permitted behind the required retail zone (i.e., about 11 metres back from the Queens Quay West frontage). This is acceptable from a planning perspective, since the Queen's Quay West frontage itself would be reserved for uses with a more lively, public face.

(d) The angular plane on Queens Quay West is still being penetrated, but to a lesser degree than before, and with building step-backs to reduce the scale of the building. The drawing in Appendix A (Schedule A) of this report illustrates the new profile to be provided along the building faces adjacent to the Queens Quay West property line.

The proposed building profile is acceptable because it is similar to the approved building profile at 600 Queens Quay West, immediately to the west, across Portland Street.

(e) The building would exceed the heights permitted in the Harbourfront by-law in a minor way: 34 metres above grade in lieu of 31 metres, and 28.2 metres in lieu of 28 metres. To mitigate any impact of the height increase, the developer has agreed to step the building back 1.6 metres on all frontages above a height of 105.2 metres Canadian Geodetic Datum (i.e. 28.4 metres above grade) as shown in Schedules A & B. In my opinion, this renders the height increase acceptable.

It is agreeable to all three parties that some aspects of the building design would not require amendment. In other words, the following variances granted by the Committee of Adjustment are acceptable:

(a) The allowance that Parcel SQ2-W, below grade, does not include all of the lands illustrated in the Harbourfront By-law. This is a technical variance, the granting of which would have no negative impact on the site or its surroundings.

(b) The addition of "live-work" to the list of permitted uses. This would be acceptable since "live-work" is now a common residential type of use in new urban buildings in Toronto (but was not a common concept in 1993, at the time the Harbourfront By-law was brought into force and effect).

(c) An increase of the maximum permitted gross floor area (GFA), which includes both residential and non-residential uses, from 20,500 m2 to 21,730 m2. This represents an increase of 6%, which is minor in this instance and is acceptable in view of the setback and step-back restrictions to be imposed.

(d) Within the total GFA, an increase of residential GFA from 19,000 m2 to 21,230 m2. Aside from the street-related retail GFA which is to be secured on this site, an increase in residential use in the rest of the building would be acceptable within the permitted built form envelope.

In summary, the reason for settling this matter before the Ontario Municipal Board is that the amended proposal will come closer to achieving the built form objectives for Harbourfront than that approved by the Committee of Adjustment.

I have advised the other appellant, Increasing Investments Inc., the purchaser of a condominium unit at 600 Queens Quay West, about the negotiations with the developer and the BQNA, and the proposed terms of settlement, which Increasing Investments Inc. is now reviewing.

Contact Name: Anne Milchberg

Telephone (416) 392-7216

Fax (416) 392-1330

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

1. The Parcel SQ-2W, below grade, does not include all of the lands illustrated in the by-law. (Section 4, definition of "lot", and Appendix C)

2. The proposed "live-work units" are not listed as permitted. (Section 13)

3. The by-law limits the maximum combined non-residential gross floor area and residential gross floor area to not more than 20,500 square metres. The proposed building will have a maximum combined non-residential gross floor area and residential gross floor area of 21,730 square metres. (Section 14(1) and Appendix E)

4. The by-law limits the maximum residential gross floor area to not more than 19,000 square metres. The proposed building will have a maximum residential gross floor area of 21,230 square metres. (Section 14(1) and Appendix E)

5. The building will penetrate through the angular plane that limits the height of the building along the southernmost building wall not exceeding the building envelope shown on Schedule "A" attached hereto. The angular plane is projected over the building at an angle of 40 degrees from an elevation of 94 metres, Canadian Geodetic Datum (17.2 metres above grade, which is defined as 76.8 metres, Canadian Geodetic Datum) along the southernmost wall of the building. (Section 15(1)(I))

6. The by-law requires the main floor level used for commercial purposes to have width of at least 60% of the building's frontage on Queens Quay West. The proposed commercial use will occupy an area having dimensions of not less than 39.5 metres in aggregate width fronting on Queens Quay West. (Section 18(I))

7. Dwelling units and personal recreation space are not allowed on floors between grade and 3 metres above grade. The proposed dwelling units will be located not closer than 11.0 metres to the northerly limit of Queens Quay West. (Section 17)

8. The building will exceed the heights permitted by the by-law. The height contraventions, not including mechanical penthouses shall not exceed the following: 34 metres in lieu of 31 metres and 28.2 metres in lieu of 28 metres; and shall incorporate the step-backs at 105.2 metres, Canadian Geodetic Datum, as shown on Schedules "A" and "B" attached hereto. (Section 20)

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

Purpose:

The purpose of this report is to advise Toronto Community Council of the status of an OMB appeal regarding 550 Queen's Quay West. Settlement discussions between the developer, City planning staff and the Bathurst Quay Neighbourhood Association (BQNA) are under way, and I will be reporting further to Toronto Community Council if time permits, or directly to City Council, on the outcome of these discussions.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that I report further on the settlement discussions directly to the April 1, 1998 Toronto Community Council meeting if time permits, or directly to City Council on April 15, 1998.

Comments:

The subject site is located at the northeast corner of Queen's Quay West and Portland Street, at 540, 560 and 570 Queen's Quay West. It is the second phase of a residential condominium complex with retail and office uses at grade, previously known as "The Pavilions". The first phase of the development, at 500 Queen's Quay West, is now under construction. Phase II is still subject to a revised Site Plan Application, which has not yet been submitted.

In December, 1997, the proponents for 550 Queen's Quay West submitted an application for minor variance to the Committee of Adjustment. Ten variances were sought, and all were granted by the Committee on December 17^th, 1997. The Committee granted its approval notwithstanding a December 5^th letter from myself, which recommended that the requested variances be refused in the form applied for, and that they be amended to yield a more satisfactory building design and site plan.

The Bathurst Quay Neighbourhood Association (BQNA) appealed the Committee of Adjustment decision to the Ontario Municipal Board (OMB), as did a condominium unit owner at 600 Queen's Quay West, a building now under construction. On March 4^th, 1998, City Council directed the City Solicitor and the Commissioner of Urban Planning and Development Services to appear at the OMB in support of the BQNA's appeal of the Committee of Adjustment decision (Clause 50, TCC Report No. 2).

An OMB hearing has been scheduled for April 27^th, 1998. The City Solicitor has contacted the OMB to secure party status in the upcoming hearing. Settlement discussions between the developer, City planning staff and the BQNA are underway, and considerable progress has been made.

I will report further on the outcome of the settlement discussions, including terms of settlement, if any. Depending on the time required to pursue settlement, the timing of the follow-up report will be either April 1, 1998 (as an accompanying report to Toronto Community Council), or, alternatively, directly to City Council at its meeting of April 15, 1998.

Contact Name:

Anne Milchberg

Telephone: (416) 392-7216

Fax: (416) 392-1330

E-Mail: amilchbe@city.toronto.on.ca