Amendment to Zoning By-law No. 438-86 of the

former City of Toronto -

East Bayfront (Downtown and Don River)

The Toronto Community Council recommends that the Draft By-law attached to the report (July 9, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.

The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on July 22, 1998, and Mr. Murray Blankstein, Nuko Investment Ltd. addressed the Toronto Community Council.

The Toronto Community Council submits the following report (July 9, 1998) from the City Solicitor:

Purpose:

This report provides the necessary Draft By-law amendment to incorporate a parking standard for entertainment facilities in the East Bayfront Area.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

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

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

(2)That the Draft By-law attached to the Report (July 9, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto."

Background:

Toronto Community Council, at its meeting held on June 24 and 25, 1998 had before it the report of the Commissioner of Urban Planning and Development Services (June 10, 1998) recommending, inter alia, that the City Solicitor be requested to submit a Draft By-law to create a parking standard for entertainment facility uses in the East Bayfront Area.

Comments:

The Draft By-law attached to this Report, if enacted, will implement the recommended parking standard of one space for every 18 square metres of floor area used for entertainment facility purposes.

Contact Name:

Robert Balfour, Solicitor

Telephone:(416) 392-7225

Fax:(416) 392-0024

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

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DRAFT BY-LAW

Authority:Toronto Community Council Report No. ( )

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 1997-0184 respecting lands known as the East Bayfront.

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

1.Section 3(2) of By-law No.1997-0184, being "A By-law To amend the General Zoning By-law No. 438-86 with respect to lands known as East Bayfront.", is amended by adding to exception 312 following the phrase "the area of the lot" the following:

"and provided, in the case of an entertainment facility, one parking space is provided for every 18 square metres of floor area therein and where such calculation results in a fraction of one, such fraction shall only be counted as one if it is of a value equal to or greater than 0.5".

The Toronto Community Council also submits Clause 3 of its Report No. 8, headed ASettlement Report - Official Plan and Zoning By-law Amendments - East Bayfront (Downtown and Don River)@:

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(City Council on July 8, 9 and 10, 1998, adopted this Clause without amendment.)

The Toronto Community Council recommends the adoption of the following report (June10,1998) from the Commissioner of Urban Planning and Development Services.

The Toronto Community Council reports, for the information of Council, having requested:

(1)the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Urban Planning and Development Services, in consultation with TABIA, to report on the cumulative impact of big box retail development on the Toronto Community=s retail strips; and

(2)the Commissioner of Urban Planning and Development Services, in consultation with the City Solicitor, to report to the Toronto Community Council, at its meeting to be held on July 22, 1998 on the communication (June 23, 1998) from Mr. Nicholas T. Macos.

The Toronto Community Council submits the following report (June 10, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend actions that will resolve some of the issues raised by the appellants to By-law No. 1997-0183 (Official Plan Amendment No. 87) and Zoning By-law No. 1997-0184 - East Bayfront.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendations:

(1)That the curbside parking regulations on Richardson Street be amended to improve traffic circulation in the vicinity of 215 Lake Shore Boulevard East as follows:

(a)adjustment to the one hour maximum parking regulation from 8:00 a.m. to 6:00 p.m., daily, on both sides of Richardson Street from Queens Quay East to Lake Shore Boulevard East, to apply:

(i)on the west side of Richardson Street from Lake Shore Boulevard East to Queens Quay East;

(ii)on the east side of Richardson Street from Queens Quay East to a point 46.0 metres north;

(iii)on the east side of Richardson Street from a point 100.1 metres north of Queens Quay East to Lake Shore Boulevard East;

(b)That parking be prohibited at anytime on the east side of Richardson Street from a point 46.0 metres north of Queens Quay East to a point 54.1 metres further north; and

(2)That appropriate City Officials be authorized and directed to take the necessary action to give effect to recommendation number 1, including the introduction in Council of any Bills that may be required to authorize the work and amend the appropriate schedules of Chapter 400 of the Municipal Code accordingly.

(3)That City Solicitor be requested to submit a draft by-law, in consultation with the Commissioner of Urban Planning and Development Services to amend Zoning By-law 438-86 as amended by By-law 1997-0184 to require a parking standard of 1 parking space for every 18 square metres of floor area for entertainment facilities.

Background:

In 1997 the former City of Toronto passed Official Plan and Zoning amendments for the East Bayfront to create and promote a stable business environment by permitting a wider range of potential uses. Notices of appeal to By-law No. 1997-0183 (Official Plan Amendment No. 87) and Zoning By-law No.1997-0184 were received from 1227803 Ontario Limited and 1147390 Ontario Limited in May, 1997. The issues identified by the appellants were:

-The proposed zoning changes were being made without due regard to the traffic and parking problems which redevelopment will generate.

-The City should adopt zoning standards so to avoid the concentration of a specific use.

-The City should require parking and impact studies for all new development.

-Shared parking among entertainment, amusement and restaurant uses should not be permitted by the City.

-The City should not allow retail stores up to 4500 square metres in size east of Jarvis Street.

-The City should undertake improvements to the Cherry St./Lakeshore Blvd. East corridor prior to any new commercial development.

-The definition of Aentertainment facility@ should specifically exclude a Acasino@ to be consistent with the definition of entertainment facilities on Polson Quay.

At the initial Ontario Municipal Board (OMB) prehearing on the appeals (February 24, 1998), City staff advised the OMB that some of the issues raised by the appellants could be resolved prior to a full hearing of the Board. The two notable issues which could be resolved are the need for revised on-street parking restrictions along sections Richardson Street and a parking standard for entertainment facilities.

Comments:

City Works staff have advised that they are prepared to undertake adjustments to the signage in the vicinity of the intersection of Richardson Street/Lake Shore Boulevard East which will improve turning movements for vehicles exiting the property at 215 Lake Shore Boulevard East (Federal Express). These improvements were discussed with a representative of Federal Express on-site and are acceptable. Recommendations 1 and 2 give effect to these changes.

City Works and City Planning staff are also prepared to recommend that a parking standard of 1 space for every 18 square metres of floor area be applied to entertainment facilities in East Bayfront. This is the standard that the City recommended for entertainment facilities on Polson Quay in the Port Industrial District. The ADocks@ restaurant, located at 11 Polson Street, has a site-specific parking requirement of 450 parking spaces. That requirement, and the specific direction that the spaces be provided on the property at 20 Polson Street was established by the Ontario Municipal Board at a hearing that concluded in April, 1997.

City planning staff will work with the appellants to try and resolve other issues prior to the commencement of the full OMB hearing.

Conclusion:

The recommendations in this report address some of the concerns raised by the appellants of By-law 0183-1997 (OPA 87) and By-law 0184-1997. These recommended changes will be presented to the OMB at a prehearing conference scheduled for August 4 and 5, 1998.

Contact Name:

Blair Martin

Telephone 416 392-1317

Fax 416 392-1330

e-mail: bmartin@city.toronto.on.ca

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The Toronto Community Council reports for the information of Council, having also had before it during consideration of the foregoing matter, a communication (June 23, 1998) from Mr. Nicholas T. Macos, Barrister & Solicitor, a copy of which is on file in the office of the City Clerk.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, a communication (July 21, 1998) from Mr. Christopher J. Williams, Aird & Berlis, and a copy thereof has been submitted to Council under separate cover.