Amendments to CN Tower Development Agreement -

CN Tower Base Expansion -

301 Front Street (Downtown)

The Toronto Community Council recommends the adoption of the following report (October 1, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

The purpose of this report is to request Council approval to amend the CN Tower Development Agreement. The Agreement must be amended to implement changes to the approved Site Plan for the CN Tower in response to a new Site Plan Approval application.

Source of Funds:

There are no funding requirements arising from the recommendations of this report.

Recommendations:

It is recommended that:

(1)The CN Tower Development Agreement registered July 14, 1997 as instrument number E09750 be amended as follows:

(a)That the list of approved plans and drawings contained in Clause 1. be replaced with the following:

ADrawingNameDate Stamped

S1Site PlanJuly 16, 1998

SCN1CN Tower Subject LandsJuly 16, 1998

A1Level 81 PlanJuly 16, 1998

A2Level 86 PlanJuly 16, 1998

A3Level 90 PlanJuly 16, 1998

A4Level 73 PlanJuly 16, 1998

A5Level 76 PlanJuly 16, 1998

A6South ElevationJuly 16, 1998

A7SectionsJuly 16, 1998

PA-1Level 81 - PubliclyJuly 16, 1998

Accessible Open Space

PA- 3Level 86 & 90 - PubliclyJuly 16, 1998

Accessible Open Space

BBuilding Envelope LinesJuly 16, 1998

Up To Elevation 90M@

(b)That Clause 3 (e) be replaced with the following:

A(e)a revised landscape plan, including changes to accommodate the proposed connection to SkyDome and details of any proposed mechanical vents in the publically accessible open spaces;@

(c)That Clause 3 (h) be replaced with the following:

A(h)details of the northwest corner of the Site including details of grade changes, plans at each level and weather protection;@

(d)That the drawing references in the first paragraph of Clause 16. be replaced with the following:

APlans No. PA-1 Level 81 Publically Accessible Open Space date stamped as received July 16, 1998 and No. PA-3 Level 90 Publically Accessible Open Space date stamped as received July 16, 1998 prepared by Bregman and Hamman Architects and Ehrenkrantz and Eckstut Architects@

(e)that an additional term be incorporated into the Agreement whereby the owners agree not to commence construction until such time as the conditions set out in Sections 2 and 3 of the revised Development Agreement are fulfilled and any necessary amendments to agreements affecting the SkyDome lands are finalized.

(2)The City Solicitor be authorized to prepare the necessary amendments to the Development Agreement to implement the site plan revisions described in this report including any other amendments deemed necessary to give effect thereto.

(3)Recommendations 1 and 2 be subject to receipt by the City of written confirmation from SkyDome Corporation that it agrees with the principle of connecting the CN Tower Base Expansion to SkyDome and in particular the plans referred to in recommendation 1.

Comments:

Background

On June 30, 1995, CN Tower Ltd. submitted an application for rezoning and site plan approval to construct a base building at the foot of the CN Tower. A revised rezoning and site plan application by TrizecHahn, the new lessee of CN Tower, was approved by City Council in 1997. In 1998 Phase One of the CN Tower Base Expansion was opened.

The original rezoning and site plan application by CN Tower Ltd. showed the proposed base building abutting SkyDome creating strong physical linkages and continuous grade related connections at the John Street Corridor level. City staff were supportive of these connections. CN Tower Ltd. was not able to reach an agreement with SkyDome at the time about building on SkyDome lands. The application was therefore revised to pull the building away from SkyDome.

Current Proposal

Representatives of CN Tower have indicated to City staff that SkyDome now agrees with the proposal to link the base building to SkyDome. As a result of SkyDome=s support, CN Tower submitted Committee of Adjustment and Site Plan Approval applications on July 15, 1998 to reinstate the link to SkyDome. The proposed building link to SkyDome is shown on the attached drawings provided by the applicant.

The Committee of Adjustment application requested variances to the Zoning By-law to permit changes to the building envelope and location of street related retail space. The variances were approved by the Committee on September 15, 1998.

Site Plan Approval and Development Agreement

City staff have completed their review of the site plan application and will, subject to Council=s approval of changes to the Development Agreement, be approving the site plan. It is important to note that at the time of Council=s site plan approval in 1997 some site plan details were not illustrated in the applicant=s drawings. This was because there were a number of details which need to be resolved as construction drawings are prepared. These outstanding details still remain unresolved. The Development Agreement therefore sets out conditions which must be met prior to the issuance of a building permit to allow City staff to review and approve these more detailed drawings. The conditions already included in the agreement address matters such as accessibility, finalizing of the landscape plan and details for service and loading.

SkyDome

The revised site plan by CN Tower anticipates construction of a portion of the building on lands owned by SkyDome. As mentioned above City staff understand that SkyDome supports this approach. It will be necessary at the time of construction for SkyDome to enter into agreements with the City to permit this portion of the building to be built.

Conclusion

The revisions being requested by CN Tower Ltd. and TrizecHahn result in a plan which addresses planning objectives of creating better connections between CN Tower, SkyDome and Front Street and reflects the applicant=s original proposal for this site.

Contact Name:

Lynda Macdonald

Telephone: (416) 392-7618

Fax: (416) 392-1330

E-Mail: lmacdona@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, the following communications, copies of which are on file in the office of the City Clerk:

-(October 9, 1998) from Miss Jane Beecroft, Chair, CHP Heritage Centre, The Society of Heritage Associates; and

-(October 10, 1998) from Mr. Jack Bell, President Toronto and York Division, Canadian Railroad Historical Association.