October 21, 1998

INTERESTED PERSONS

At its meeting held on October 1 and 2, 1998, the Council of the City of Toronto gave consideration to Clause No. 87 contained in Report No. 11 of the Toronto Community Council, headed "Final Report - Application No. 197027 for Official Plan and Zoning By-law Amendments -86, 96 and 100 Bloor Street West (University Theatre) (Midtown)".

During consideration of this Clause, Council also had before it the following reports/communication:

-(September 28, 1998) from the General Manager, Transportation Services, Works and Emergency Services;

-(September 29, 1998) from the Commissioner of Urban Planning and Development Services; and

-(September 4, 1998) from Mr. V. Nitti, Harry Rosen Inc., addressed to Councillor Adams.

Council adopted the Clause without amendment, and by so doing:

(1)Supported Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(2)Requested the City Solicitor to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto), for lands known in the year 1998 as 86, 96 and 100 Bloor Street West, substantially as set out below:

"86, 96 and 100 Bloor Street West

See Map 18. at the end of this Section.

Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands shown on Map , to permit an increase in the density and height of development otherwise permitted, for the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(a)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(i)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(ii)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(iii)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes; and

(b)the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(i)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(ii)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on to the Toronto Community Council and finalized prior to the introduction of the Bills in Council;

(iii)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(iv)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(v)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(vi)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(vii)that the owner have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(viii)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema/ theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(iv)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes, sewer maintenance holes and any other collateral matters which are required in connection with this development."

(3)Requested the City Solicitor to submit, in consultation with the Commissioner of Urban Planning and Development Services, a draft by-law to amend the City's Zoning By-law (438-86, as amended) as it affects the lands known as 86, 96 and 100 Bloor Street West so as to:

(a)exempt the lands shown on the Key Map attached to this report from the following Sections of By-law 438-86, as amended:

4 (2) Height Limits: Buildings and Structures;

4 (5) Parking Spaces (b);

4 (14) Setbacks from the centre line of a Public Lane (a);

8 (3) Part I - Density;

8 (3) Part III - Open Space 1. (a); and

(b)permit, on the lands shown on the Key Map attached to this report, the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(i)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(a)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(b)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(c)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes;

(ii)the maximum number of dwelling units does not exceed 160;

(iii)the height of such building does not exceed the heights and angular planes as shown on the plans and drawings submitted with this application, which is 84.4 metres at its tallest, exclusive of a 0.4 metre tall parapet and the mechanical penthouse. This provision is not intended to prevent the erection or use of other structural elements permitted by Sections 4 (2) Height Limits (a) (i) and (ii) of the Zoning By-law which may extend vertically beyond such building envelope;

(iv)not less than 445 parking spaces are provided and maintained to serve the building, provided:

(a)not less than 122 parking spaces are provided on-site for the exclusive use of the residents of the building;

(b)not less than 323 parking spaces are provided for the use of visitors to the residential building (10) and for the commercial uses (313), of which not more than 88 parking spaces of the 313 parking spaces required for the commercial uses may be provided off-site, within 300 metres of the site; and

(c)the on-site parking spaces shall comply with the dimensional requirements of the Zoning By-law, save and except for the parallel parking spaces, located on the east side of the underground garage, which are required to have a minimum length of 7.0 metres;

(v)one Type G and two Type B loading spaces are provided on-site in the below-grade garage, with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(vi)a publicly-accessible at-grade pedestrian walkway, located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane, is provided and maintained, with the owner of 102 Bloor Street West;

all provided that the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(aa)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(bb)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on and finalized prior to the introduction of the Bills in Council;

(cc)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(dd)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(ee)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(ff)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(gg)that the owner have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(hh)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema / theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes, sewer maintenance holes and any other collateral matters which are required in connection with this development.

(4)Repealed Site-specific By-laws 434-89, 435-89 and 436-89, on the coming into force of the Official Plan and Zoning By-law amendments recommended in Recommendations 4 and 5 above.

(5)Prior to the introduction of the Bills in Council:

(a)the owner enter into the above-referenced Agreement pursuant to Section 37 of the Planning Act, in a form satisfactory to the City Solicitor and in consultation with the Commissioner of Urban Planning and Development Services;

(b)the owner provide the City Solicitor with any postponements as required; and

(c)the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure the contributions to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, and $8000 to monitor traffic and pedestrian conditions, and for traffic related improvements.

(6)(i)The owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, to address interim access to 102 Bloor Street West, and which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation; and

(ii)Directed the owner submit a strategy aimed at keeping neighbourhood streets free from dirt due to excavation, haulage and construction activities; specifically, that the proponent maintain street cleaning equipment, and the necessary operating skills, on the construction site, to be deployed as needed;

(7)Directed the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the introduction of the Bills in Council, a Noise Impact Statement, and be required to:

(a)have a qualified Architect / Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services; and

(b)provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services.

(8)Directed the owner submit, to the Commissioner of Works and Emergency Services, at least three weeks prior to the introduction of the Bills in Council:

(a)a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto; and

(b)dimensioned plans of the development for the purpose of preparing the site-specific by-laws.

(9)Directed that prior to the introduction of the Bills in Council, the owner be required to amend the existing Heritage Easement Agreement or execute a new Heritage Easement Agreement with the City to replace the existing Agreement, pursuant to the Ontario Heritage Act, for the conservation of the former University Theatre facade and the relocated portal of the Pearcy House facade, in consultation with Heritage Toronto.

(10)Directed the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Phase 1 Environmental Site Assessment, which may include, but is not limited to:

(a)a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects on the site; and

(b)a Site and Building Audit for identification of all hazardous materials on site and in the existing buildings.

(11)Directed the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Soil and Groundwater Management Plan, and be required to implement the measures in the Soil and Groundwater Management Plan approved by the Medical Officer of Health.

(12)Directed the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the entering into of the Statement of Approval of Plans / Undertaking, a Grading and Drainage Plan.

(13)Directed the owner submit, and have approved by the Medical Officer of Health, prior to the issuance of a Building Permit, a Demolition and Excavation Dust Control Plan, and be required to implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health.

(14)Directed the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a Pedestrian Plan, detailing signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane, and be required to provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services.

(15)Directed the owner submit, and have approved by the Toronto Transit Commission, prior to the issuance of a Building Permit, Site and Foundation Plans, which include:

(a)shoring drawings, showing calculations;

(b)a plot plan, showing the subway structure;

(c)structural calculations showing loads;

(d)a soils / geotechnical report; and

(e)excavating, de-watering and landscape plans.

(16)Directed the owner enter into a Statement of Approval of Plans / Undertaking, delegated to me under Chapter 165, Article IV, of the former City of Toronto Municipal Code, to secure Site Plan Approval, prior to the issuance of a Building Permit.

(17)Directed that, in connection with the construction of the underground parking garage, the owner be required to:

(a)acquire title to the land below the public lane, prior to the issuance of a Building Permit, while the surface lands (with minimum depth of 0.5 metres from the finished grade) would remain with the City;

(b)submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a detailed design prepared by a qualified municipal engineer showing the manner in which the underground garage will be constructed below the public lane;

(c)construct the roof of the parking structure to Bridge Code Standards;

(d)pay for the cost of reconstruction of the public lane to existing conditions, and in this regard, provide security in the form of a Letter of Credit in an amount satisfactory to the Commissioner of Works and Emergency Services;

(e)indemnify the City from and against all actions, suits, claims, or demands and from all loss, costs, damages, charges, and expenses that may result from the construction of the garage beneath the public highway;

(f)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(g)indemnify the City from and against any loss or damage to the waterproofing and structure resulting from the maintenance and reconstruction of the lane pavement, unless such loss or damage is caused by negligence of the City; and

(h)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation.

(18)Directed the owner be advised of the Comments of Civic Officials appended to this report, including:

(a)the requirement to pay a Parks Levy, in lieu of a conveyance of land, pursuant to Chapter 165, Development of Land, Article I, Conveyance of Land for Parks Purposes, of the former City of Toronto Municipal Code, prior to the issuance of a Building Permit;

(b)the comments of the Manager, Development Approval, Urban Planning and Development Services, respecting their Zoning review and required approvals;

(c)the comments and requirements of the Toronto Transit Commission for approval of the development;

(d)the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(e)to apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to submission of an application for a Building Permit.

(f)that the Bloor Street West boulevard must be designed in accordance with the guidelines of the Commissioner of Works and Emergency Services;

(g)the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling / shoring etc. from the Commissioner of Works and Emergency Services, prior to construction; and

(h)the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection;

(19)Directed that the construction plan be formulated in consultation with the two Ward Councillors and the satisfaction of the Commissioner of Urban Planning and Development Services;

(20)Requested the Commissioner of Urban Planning and Development Services and the Ward Councillors to facilitate an agreement with 110 Bloor Street West on construction-related access to Cumberland Street;

(21)Requested the Commissioner of Urban Planning and Development Services to consider and report to the Toronto Community Council on the facilitation of an archeologist on site during the excavation phase of the project, as suggested by Ms. Jane Beecroft in her deputation; and

(22)Requested the proponent to meet with the Commissioner of Works and Emergency Services and the Commissioner of Urban Planning and Development Services to pursue entry/exit to the construction site from Bloor Street West.

A copy of the Clause can be picked up from City Hall, 100 Queen Street West, Secretariat Division, City Clerk's Department for a nominal charge.

Yours truly,

City Clerk

Frances Pritchard/mh

98toc11-87.let

c.:Mr. Michael Mizzi, Urban Planning and Development Services