March 12, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Final Report, Official Plan Amendment and Rezoning Application No. 198018, 173, 177 and 181 Yonge Street and 16 Queen Street East (Ward 24, Downtown)

Purpose:

To provide final recommendations respecting a Council position on Official Plan and Zoning By-law amendments and respecting authorization for City staff to appear before the Ontario Municipal Board, for an 18 storey office building with retail uses at grade, at 173 to 181 Yonge Street and 16 Queen Street East.

Financial Implications:

Not applicable.

Recommendations:

1.That, subject to the completion of the matters set out in Recommendation 4, below, City Council endorse, for purposes of submission to the Ontario Municipal Board, amendments to the Official Plan that would add a new Section 18 provision substantially as set out below:

"18.___Lands known as 173, 177 and 181 Yonge Street and 16 Queen Street East

See Map 18.___ at the end of this Section

Notwithstanding any of the provisions of this Plan, Council may pass by-laws respecting the lot shown on Map 18.___, and known in the year 1998 as 173, 177, and 181 Yonge Street and 16 Queen Street East, to permit an increase in the density and height of development otherwise permitted, for the erection and use of a non-residential building, including below-grade parking, provided that:

a)the maximum non-residential gross floor area of the building does not exceed 33,950 square metres;

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)the moving of the entrance to the Toronto Transit Commission subway, currently located on the public sidewalk abutting the south side of the site, into the building;

ii)a contribution of $750,000.00 towards: a) the development by the City of the public square known as Dundas Square at the southeast corner of Yonge and Dundas Streets; and b) if authorized and imposed, a Toronto Transit Commission entrance connection fee;

iii)a letter of credit to secure the protection of the historic building at 173 Yonge Street, or the significant portions thereof, during construction or any halt in construction, and to secure completion of the restoration plan;

iv)a contribution for public art, in an amount equivalent to 1% of gross construction costs of the project, in accordance with the former City of Toronto's standard public art programme;

v)provision of space for utility access and vaults;

vi)submission, approval and implementation of a Noise Impact Statement;

vii)provision of improvements to the public boulevard and public sidewalk or payment for the improvements to be provided;

viii)submission, approval and implementation of a Transportation Demand Management Plan addressing strategies to minimize automobile use;

ix)entering into a Heritage Easement Agreement pursuant to Section 37 of the Ontario Heritage Act with respect to 173 Yonge Street;

x)incorporating in the development the bas relief panels removed from a building previously demolished on the site and currently incorporated in the decorative barriers along the Yonge and Queen Street frontages of the existing surface commercial parking lot on the site;

xi)conducting and submitting 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;

xii)conducting and submitting 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;

xiii)if deemed necessary by the Medical Officer of Health after review of the reports required by clauses (xi) and (xii), above, the conducting of a soil and groundwater testing program and submission, approval and implementation of a Soil and Groundwater Management Plan; and

xiv)submission, approval and implementation of a Dust Control Plan.

2.That, subject to the completion of the matters set out in Recommendation 4, below, City Council endorse, for purposes of submission to the Ontario Municipal Board, an amendment to the Zoning By-law, By-law 438-86, as amended, so as to:

a)exempt the site from the following sections of By-law 438-86, as amended:

8(3) PART I 2Maximum non-residential gross floor area;

8(3) PART III 1(a)Common outdoor space;

4(2)(a)Height limit;

4(13)(a)Cyclists' shower-change facilities; and

12(2)259.(ii)Street-related retail and service uses;

a)permit the erection and use of a non-residential building containing office, retail, service, and public transit entrance/exit uses, and a below-grade parking facility, on the lot shown on Map 1 and known municipally in 1998 as 173, 177, 181 Yonge Street and 16 Queen Street East, provided:

i)the non-residential gross floor area does not exceed 33,950 square metres;

ii)Section 4(2)(a) shall apply except that:

a)the height of the mechanical enclosure shall be no more than 15 metres above the height limit of 76 m applicable to the lot;

b)a flag mast shall reach a height of not more than 105 m; and

c)the proposed mechanical enclosure shall be permitted to cover not more than 37% of the area of the roof of the building;

iii)Common outdoor space shall be provided to the extent of not less than 220 m2;

iv)Section 12(2)259.(ii) shall apply except that the minimum percent of the aggregate length of the street frontages in street-related retail and service uses shall be 20% on Queen Street East and 49% on Yonge Street; and

v) Section 4(13)(a) shall apply except that shower-change facilities are not required to be provided;

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

i)the entrance to the Toronto Transit Commission subway, currently located on the public sidewalk abutting the south side of the site, be moved into the building at the owner's expense, to the satisfaction of the Commissioner of Urban Planning and Development Services and the Toronto Transit Commission;

ii)a contribution of $750,000.00 be made by the owner to the City of Toronto, prior to the issuance of a building permit, towards: a) the development by the City of the public square known as Dundas Square at the southeast corner of Yonge and Dundas Streets; and b) if authorized and imposed, an entrance connection fee requested by the Toronto Transit Commission;

iii)an irrevocable letter of credit be submitted by the owner to the City, prior to the issuance of any permit, in an amount to the satisfaction of Heritage Toronto, to secure the protection of the historic building at 173 Yonge Street , or the significant portions thereof, during construction, to secure completion of the restoration plan, and to secure protection of the remaining portions of the building should construction of the development be halted prior to completion, all to the satisfaction of Heritage Toronto and the Commissioner of Urban Planning and Development Services;

iv)a contribution be made to the City by the owner for public art, in an amount equivalent to 1% of gross construction costs of the project, in accordance with the former City of Toronto's standard public art programme;

v) the owner 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;

vi)the owner submit to, and have approved by, the Commissioner of Urban Planning and Development Services, prior to the issuance of a building permit, a Noise Impact Statement in accordance with City Council's requirements;

vii)the owner shall provide, maintain and operate the noise impact facilities and strategies stipulated in the plan approved by the Commissioner of Urban Planning and Development Services;

viii)the owner have a qualified architect/acoustical consultant certify, in writing, to the Commissioner of Urban Planning and Development Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Urban Planning and Development Services;

ix)the owner shall submit an application for improvements to the public sidewalk/boulevard generally as shown on the plans approved under Site Plan Approval Application No. 398092, to the Commissioner of Works and Emergency Services and carry out at the owner's expense the improvements within a reasonable period of time or at the request of the Commissioner of Works and Emergency Services make a cash contribution to the City equal to the value of the improvements for the Commissioner to undertake the improvements as part of a comprehensive program;

x) a)the owner shall submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a Transportation Demand Management Plan addressing strategies to minimize automobile use in connection with the development;

b)the owner shall have a qualified Transportation Engineer/Planner certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Transportation Demand Management Plan approved by the Commissioner of Works and Emergency Services; and

c)the owner shall provide, maintain and operate the transportation demand management measures, facilities and strategies stipulated in the Transportation Demand Management Plan approved by the Commissioner of Works and Emergency Services;

xi)the owner of 173 Yonge Street shall enter into a Heritage Easement Agreement pursuant to Section 37 of the Ontario Heritage Act, prior to the issuance of any permit;

xii)the owner shall incorporate in the development, to the satisfaction of Heritage Toronto, the bas relief panels removed from a building previously demolished on the site, and which are currently incorporated in the decorative barriers along the Yonge and Queen Street frontages of the existing surface parking lot on the site;

xiii)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. The report should be submitted to the Medical Officer of Health for review prior to the issuance of a building permit;

xiv)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 issuance of a building permit;

xv)that, if deemed necessary by the Medical Officer of Health after review of the reports required by clauses (xiii) and (xiv), above, the owner shall:

a)conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted to the Medical Officer of Health, for approval, prior to the issuance of any building permit; and.

b)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; and

xvi)that the owner submit to, and have approved by, the Medical Officer of Health, prior to the issuance of any permit, a Dust Control Plan, and shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.

3.a)That the City Solicitor and other City staff as necessary be authorized to attend before the Ontario Municipal Board to represent the position of City Council with respect to this application, and also to defend the decision of the Committee of Adjustment approving minor variances for this site with respect to Application No. A199801103, with such authorization subject to prior completion by the owner of the matters set out in Recommendation No. 4, below; and

b)That the Ontario Municipal Board be requested by the City Solicitor, if the Board is disposed to approve the necessary amendments to the Official Plan and Zoning By-law, to withhold its Order pending notification by the City Solicitor that an agreement pursuant to Section 37 of the Planning Act has been executed by the owner.

4.That prior to the adoption by Council of Recommendations 1, 2 and 3, above:

a)the owner enter into an undertaking under Section 41 of the Planning Act, with respect to Site Plan Approval Application No. 398092; and

b)the owner submit to the Commissioner of Works and Emergency 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 Council's consideration of this matter.

5.a)That authority be granted for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 173 Yonge Street, using substantially the form of easement agreement prepared for the former City of Toronto in February 1987 by the City Solicitor and on file with the City Clerk, subject to such amendments as may be deemed to be necessary by the City Solicitor in consultation with Heritage Toronto and the Commissioner of Urban Planning and Development Services, and that authority be granted for the introduction of any necessary Bills in Council to give effect thereto. Such authorities shall apply to this Application No. 198018, and also to Site Plan Approval Application No. 398092 and Committee of Adjustment Application No. A199801103 for the same site;

b)That Clause 12.1(a) of the Heritage Easement Agreement, as revised, shall set a termination date of April 15, 2001 if neither: a) the Official Plan and Zoning By-law amendments required by Application No. 198018; nor b) the minor variances required under Committee of Adjustment Application No. A199801103, are finally approved or in force, as the case may be; and

c)That the owner be requested to provide Heritage Toronto with (2) two copies of the required photographs of 173 Yonge Street for inclusion in the Heritage Easement Agreement.

6.That the owner be advised of the comments of Civic Officials appended to this report, namely:

a)the comments of the Manager, Plan Review, Urban Planning and Development Services regarding the need for approval by Heritage Toronto and compliance with the Ontario Building Code;

b)the comments of Toronto Transit Commission (TTC) advising that the TTC will not accept responsibility for the effects of transit operations on the building or its occupants, and that noise and vibration and electro-magnetic field attenuation measures should be applied, and that the developer should inform prospective purchasers and lessees, through a clause in the purchase or rental agreements, of the potential for noise and vibration and/or electro-magnetic fields;

c) the comments of the TTC advising that TTC approval of the final design of the subway entrance is required, as well as approval of site and foundation plans, and that the owner will be required to enter into a legal agreement with TTC and the City of Toronto, and that conditions of TTC's approval may be imposed;

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)that the Yonge Street boulevard must be designed in accordance with the guidelines of the Department of Works and Emergency Services;

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

g)the comments of the Manager, Plan Review, Urban Planning and Development Services, regarding the requirement for land dedication for parks purposes, or payment in lieu, pursuant to Section 42 of the Planning Act.

Background:

a)Applicant and Owners

Application submitted by James W. Harbell, Stikeman, Elliot, Suite 5300, P. O. Box 85, Commerce Court West, Toronto, Ontario M4P 3C5, on behalf of O & Y Properties Inc., 40 King Street West, Suite 2700, Toronto, Ontario M5H 3Y2

b)Location and Context

The 3389.5 m2 site is located at the northeast corner of Queen and Yonge Street. The site currently contains a vacant, historically-designated, 2-storey former Bank of Montreal building right at the corner of Yonge and Queen (173 Yonge Street), a vacant, 3-storey former commercial building abutting the north side of that building, a 6-storey commercial building at 16 Queen Street East, and a surface commercial parking lot.

To the north of the site is the historic Elgin and Wintergarden Theatre building, which has a maximum height of 30.4 m on the Yonge Street frontage and 35.6 m on the Victoria Street frontage. Proceeding north on the east side of Yonge Street, there exist an historic 8-storey office building (former Heintzman Building) at 193 Yonge, a vacant historic 4-storey bank building currently owned by the City at 197 Yonge, a City-owned public open space at 203 Yonge Street, the renovated City-owned bank building housing Heritage Toronto at 205 Yonge Street, a vacant site at 207 and 209 Yonge where a 13-storey mixed commercial and residential building has been approved, and two commercial buildings of 6 and 3 storeys, respectively, at the northwest corner of the block. Historic Massey Hall exists on the northeast corner of the block. The City-owned sites at 197, 197R, and 203 Yonge Street are currently for sale as a development site.

The Eaton Centre, including the 29.6 m Tower Records building on the northwest corner of the intersection, exists on the west side of Yonge Street north of Queen Street. The southernmost office tower in the Eaton Centre, at the corner of Queen and James Streets, reaches a height of 140 m. The historic 9-storey (35 m) Hudson Bay department store building is situated at the southwest corner of the intersection, and directly to the south of the proposed project, on the opposite side of Queen Street, is a 28-storey (112 m) office building at 1 Queen Street East.

Abutting the east boundary of the site is the surface commercial parking lot mentioned above at 20 Queen Street East and 142 Victoria Street. St. Michael's Hospital exists on the block to the east, with a current height of 47.1 m and a proposed height of 71.5 m on Victoria Street. Official Plan and Rezoning Application No. 198011 has recently been approved by City Council for redevelopment and expansion of portions of St. Michael's Hospital.

c)Proposed Development

The proposed development is an 18-storey non-residential building containing primarily office uses with retail uses at grade, and a 2-level below-grade parking garage containing 143 parking spaces. Portions, including the facade, of the historic bank building at the corner of the Yonge-Queen intersection will be incorporated in the building, as well as some reconstructed portions of the interior banking hall. The other two existing buildings will be demolished. The existing subway entrance on Queen Street will be eliminated and a new entrance with escalators and an elevator for mobility impaired persons will be constructed within the building. The office entrance will be on Queen Street, while the main retail entrance will be on Yonge Street. The vehicular entrance will be from Victoria Street.

The building, excluding the mechanical enclosure, is 76 m high, with an additional 15 m for the mechanical room and a flag mast which reaches 104 m. The proposed total gross floor area is 33,897 m2 (10 times lot area). The recommended amendments permit a total gross floor area of 33,950 m2 to permit minor variations in the actual floor area at the time of building permit application.

d)History

This site is the subject of applications for the same building for minor variances to the Committee of Adjustment (file no. A199801103) and for Site Plan Approval (Application no. 398092), submitted in September, 1998. Prior to such submission, City Planning staff had agreed in discussions with the applicant that the Committee of Adjustment process was appropriate, provided that a package of public benefits such as would otherwise have been negotiated pursuant to Section 37 of the Planning Act was agreed upon and appropriately secured in the planning approval process. In its decision dated October 28, 1998, the Committee of Adjustment granted the necessary minor variances subject to conditions implementing the public benefits package, including requiring the applicant to enter into a Heritage Easement Agreement, plus additional agreement(s) with the City of Toronto to secure:

i)moving the subway entrance into the building off Queen Street East at the owner's cost;

ii)a contribution of $750,000.00 to the City for both the Yonge-Dundas public square development and, if authorized, a proposed Toronto Transit Commission entrance connection fee;

iii)a letter of credit to secure heritage preservation matters; and

iv)a contribution for public art equivalent to 1% of construction costs.

The owners of the abutting property to the east at 20 Queen Street East and 142 Victoria Street objected to the Committee of Adjustment application. A surface commercial parking lot currently exists on that site. Despite what appeared to be very promising discussions among the applicant, the objectors and City Planning staff regarding a sharing of the O & Y parking and loading facilities with a proposed office building on the objectors' site, the discussions foundered and the Committee of Adjustment decision was appealed to the Ontario Municipal Board (OMB) by the abutting owners. Discussions are apparently continuing between O & Y Properties and the abutting property owners regarding a settlement of the issues. If a settlement is reached, presumably this application and all appeals would be withdrawn, and the Committee of Adjustment decision would stand.

This application for Official Plan and Zoning amendments was made with the applicant's expectation that the applicant would also appeal this application to the OMB after the requisite 90 days, in order to ensure that the OMB has the jurisdiction to deal with the proposed development through either the minor variance application or this application. The current application does not seek Site Plan Approval, since such an application has been submitted previously, as noted above. A Preliminary Report dated December 17, 1999 on this application was adopted by Toronto Community Council at its meeting beginning January 20, 1999, and a community public meeting was held on February 10, 1999.

As of the date of preparation of this report, this application for Official Plan and Zoning By-law amendments had not yet been appealed due to the ongoing settlement discussions. The applicant has advised that if a settlement is not reached, this application will be appealed prior to the March 30, 1999 meeting of Toronto Community Council. This report has been prepared as though such appeals had already been made, because if a settlement is reached, this application and this report will be withdrawn. Rather than recommending adoption of by-laws, this report is recommending a Council position on draft by-laws and related conditions for subsequent approval by the OMB. As of the date of preparation of this report, the OMB hearing was scheduled to begin June 22, 1999.

e)Public Review

A public meeting was held in the community on February 10, 1999. Only 2 members of the public attended: a representative of the Eaton Centre, and a representative of the owners of the office tower at 1 Queen Street East. Consequently, the formal portion of the public meeting was dispensed with, and staff and the applicant's representatives answered the few questions posed by the attendees. There were no planning issues raised by the two people in attendance.

Comments:

1.PLANNING CONTROLS

a)Official Plan

The Part I Official Plan designation is Financial District, which permits mixed commercial and residential uses at a maximum density of 12 times lot area, of which a maximum of 8 times may be used for non-residential uses. The Part II Official Plan for the Theatre Block is also applicable, but has little relevance to this proposal.

b)Zoning By-law

The general Zoning By-law designates the site as CR T12.0 C8.0 R11.7, which permits a maximum mixed use density of 12 times lot area, and a maximum non-residential density of 8 times lot area. The height limit is 76 m. Retail and service uses are required for 60% of both the Queen and Yonge Street frontages.

c) Necessary Amendments to Planning Controls

Amendments are required to both the Official Plan and Zoning By-law to permit non-residential uses at a density of 10 times lot area instead of the maximum 8 times lot area. Amendments to the Zoning By-law are also required to permit the height of the mechanical penthouse and flag mast as discussed above, to permit a mechanical penthouse covering more than 30% of the roof, to reduce the common outdoor space requirements, to reduce the requirement that 60% of the Yonge and Queen Street frontages be street related retail and service uses, and to delete the requirement for shower-change facilities related to bicycle commuting.

2.PLANNING CONSIDERATIONS

a)Appeal to Ontario Municipal Board and Authority for Staff to Attend

The owner has appealed the Official Plan amendment and the Zoning By-law amendment applications to the Ontario Municipal Board. Although the appeals were made under those sections of the Planning Act citing the municipality's failure to make a decision withing 90 days of receipt of the application, these are "friendly" appeals in the sense that City staff have been supportive of the project and have processed this application in a timely manner. Given that the minor variance approvals were appealed to the OMB by the owners of the abutting site to the east, O & Y Properties is attempting to put the current applications before the OMB to be heard at the same hearing, so as to expedite the overall approval process. The Official Plan and Zoning By-law amendment application is a form of "insurance" for the owner in the event that the OMB should decide that the minor variances do not meet all of the four tests set out in Section 45 of the Planning Act, and should therefore not be approved.

An OMB hearing on the minor variances has been scheduled for June 22, 1999. If City Council were to adopt actual By-laws to amend the Official Plan and Zoning By-law, and those by-laws were appealed by a third party during the appeal period, it might be difficult to consolidate those appeals with the minor variance appeals in time for the June 22, 1999 hearing date. Additional delay might result. Therefore, it is the intention that City Council will be adopting a position endorsing the proposed amendments and draft By-laws, rather than actually adopting by-laws, and authorizing staff to take that position to the OMB. The OMB has the jurisdiction to approve, refuse, or modify the By-laws.

This report is seeking Council authorization for the City Solicitor and other staff as required to not only present Council's position on the draft By-laws before the OMB, but also to defend the decision of the Committee of Adjustment approving the minor variances.

b)Density, Height, Massing

The proposal is to increase the permitted non-residential density on the site from 8 times lot area to 10 times lot area. Given the context of existing buildings in the area, the fact that a 12 times mixed use building containing residential and non-residential uses is permitted, and the fact that the proposed massing is satisfactory, the proposed density increase does not raise any planning concerns.

The office tower is set back from the property line on all four sides above, for most of the building face, a one or two storey podium extending closer to the property line. The height increase consists of a larger than permitted mechanical enclosure on the roof of the building and a flag mast, extending 15 m and 28 m, respectively, above the 76 m height limit.

The proposed building is compatible with surrounding existing and proposed development, and relates well to the abutting streets.

c)Shadow Impact

Staff have carried out a shadow impact analysis of the proposed development in the context of the existing surrounding development. There is no significant adverse shadow impact on public sidewalks or public open space as a result of the proposed increase in height of 15 m over the height limit.

d)Minimum Frontages for Retail and Service Uses

The inclusion in the development of portions of the designated historical former Bank of Montreal building at 173 Yonge Street, and the inclusion of the subway entrance within the development, make compliance with the Zoning By-law difficult respecting the requirement for 60% of the Queen and Yonge Street frontages to be used for street-related retail and service uses. Preservation of the facade of the historical building and accommodating a public transit entrance are in the public interest, so the proposed reductions to 22% on Queen Street and 51% on Yonge Street are reasonable and are not considered to be a significant planning issue.

In addition, the window sills in the historical bank building are proposed to be lowered to permit better views into and out of the building, and an active use such as a cafe might be located in the southwest corner of the building. These features of the proposed development are consistent with the original intent of the Zoning By-law provision, which is to enliven and animate the public sidewalks through provision of active retail and service uses at grade in the abutting buildings.

e)Common Outdoor Space

The preservation of portions of the historical bank building also makes it difficult for the proposed development to comply with the Zoning By-law requirement for common outdoor space, because the bank building is built to the lot line on both the Yonge and Queen Street frontages. A reduction from the required 305.1 m2 to 231.0 m2 of common outdoor space is reasonable in the circumstances.

f)Cyclists' Shower-Change Facilities

The Zoning By-law requires that 1 shower-change facility for each gender be provided in an office building containing greater than 20,000 m2 of gross floor area, to facilitate bicycle commuting. This is the first such building proposed in the former City of Toronto since those provisions were established in 1993 as a result of the Cityplan amendments. The owner argues that such shower-change facilities raise issues of safety and security as well as maintenance responsibilities. The owner would prefer that individual tenants provide their own such facilities if they so choose. Staff does see potential safety and security issues with common shower-change facilities accessible to multiple tenants of an office building. For this reason, it is recommended that the requirement be deleted.

g)Heritage Preservation

The proposal will retain the Yonge and Queen Street facades of the designated historical former Bank of Montreal building, and set the new building back on both frontages above the historical building to give it prominence. In the interior of the historical building, some original elements from the building will be reused, and others will be reconstructed to form a functional space to house the subway entrance and retail and service uses. A heritage preservation report prepared for the owner by preservation architects was submitted to Heritage Toronto. Heritage Toronto has approved the final form of the proposed development. Conditions are recommended in this report, at the recommendation of Heritage Toronto staff, to require a Heritage Easement Agreement and a letter of credit to protect the historical building during construction and to secure the implementation of the restoration plan.

Decorative elements of a former building on the site, in the form of bas relief panels, have previously been incorporated on-site in the decorative barriers along Queen and Yonge streets related to the existing commercial surface parking lot. It has always been the intent that these panels be incorporated in any new development to provide a historical connection to the past. The owner has proposed installing these panels in the walls of the subway entrance escalator, and Heritage Toronto staff are in agreement. The inclusion of these panels in the new development is recommended to be secured by provisions in the Section 37 agreement.

h)Section 37 Public Benefits and Agreement

An agreement pursuant to Section 37 of the Planning Act is recommended to secure those provisions which were imposed by the Committee of Adjustment on the approval of the minor variances for this project, namely:

i)moving the subway entrance into the building off Queen Street East at the owner's cost;

ii)a contribution of $750,000.00 to the City for both the Yonge-Dundas public square development and, if authorized and imposed, a proposed Toronto Transit Commission entrance connection fee;

iii)a letter of credit to secure heritage preservation matters; and

iv)a contribution for public art equivalent to 1% of construction costs.

Moving the subway entrance off Queen Street into the building will result in a less congested and more attractive Queen Street sidewalk, as well as a weather protected subway entrance with escalator and handicapped elevator service. In addition to these public benefits, the owner will realize a substantial private benefit to the proposed development by having direct subway access within the building, which will enhance the project. Access to the subway also provides an indirect connection through 1 Queen Street East or the Eaton Centre to the PATH system, which also represents a benefit to the owner.

As a result of these private benefits to the owner, Toronto Transit Commission staff have requested, in discussions with the owner, a fee for permitting the subway entrance within the development, in the amount of 40 cents per square foot of total gross floor area within the development. This would result in a cash transfer to TTC of $145,950.00. This fee or levy is relevant to the $750,000.00 cash contribution by the owner negotiated by City Planning staff as a Section 37 public benefit. Such funds were originally intended to be put toward the development of the Yonge - Dundas public square. The owner has said that this contribution is all that the project can carry and still remain a viable project. Consequently, the $750,000.00 represents combined contributions for both a Yonge - Dundas Square and a TTC levy or fee. Staff intends to further discuss the matter with TTC staff before a final decision is made by TTC.

The other two recommended provisions of the Section 37 agreement summarized above, plus all others as included in Recommendations 1 and 2 of this report, are other public benefits more commonly obtained in an Official Plan and Zoning By-law amendment process or a Site Plan Approval process (e.g. streetscape improvements) and are being secured in the agreement, or are public benefits which are more appropriately secured in a registered agreement (e.g. public art) as opposed to an unregistered Undertaking.

i)Site Plan Approval

As previously mentioned, this application does not include Site Plan Approval. A previous application for Site Plan Approval has been submitted, and is delegated to the Commissioner of Urban Planning and Development Services. The minor variances or the Official Plan and Zoning By-law Amendments must be approved by the OMB, or the appeals withdrawn, before approval of the site plan application could take effect. This report is recommending that the Undertaking required for site plan approval be executed prior to City Council's adoption of a position on this Official Plan and Zoning By-law amendment application.

Conclusions:

The proposed development is appropriate, represents a good fit in the surrounding context, and there is no significant adverse planning impact on surrounding facilities and uses, existing or proposed. The proposed development represents good planning and should be approved.

Contact Name:

Peter Langdon

Community Planning Division, South District, East Section

Telephone: (416) 392-7617

Fax: (416) 392-1330

E-mail: plangdon@toronto.ca

Beate Bowron

Director, Community Planning, South District

[p:\1998\ug\uds\pln\to991844.pln] - st

Appendix A

APPLICATION DATA SHEET

Site Plan Approval:	N		Application Number:	198018
Rezoning:	Y		Application Date:	December 7, 1998
O. P. A.:	Y		Date of Revision:

Confirmed Municipal Address:173, 177, 181 Yonge Street, and 16 Queen Street East

Nearest Intersection:	Northeast corner of Yonge Street and Queen Street East
Project Description:	To construct an 18 storey office building with retail at grade and two levels of underground parking.

Applicant: Stikeman, Elliot c/o James Harbell Suite 5300, PO Box 85, Comm. Court 869-5690

Agent: Stikeman, Elliot c/o James Harbell Suite 5300, PO Box 85, Comm. Court 869-5690

Architect: Webb Zerafa Menkes Housden - B. Andrew 95 St. Clair Av. W. 961-4111

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Financial District	Site Specific Provision:
Zoning District:	CR T12.0 C8.0 R11.7	Historical Status:	Designated
Height Limit (m):	76.0	Site Plan Control:	Yes

PROJECT INFORMATION

Site Area:	3389.5 m2		Height:	Storeys:		18
Frontage:				Metres:		75.40
Depth:
				Indoor		Outdoor
Ground Floor:	1493.0 m2		Parking Spaces:	143
Residential GFA:			Loading Docks:	2	B
Non-Residential GFA:	33896.0 m2		(number, type)	2	C
Total GFA:	33896.0 m2			1	G

					FLOOR AREA BREAKDOWN
					Land Use	Above Grade	Below Grade
					Office	32776.0 m2
					Retail	1120.0 m2

PROPOSED DENSITY
Residential Density:	Non-Residential Density: 10.00	Total Density: 10.00

COMMENTS

For Site Plan Approval, see Application No. 398092.

Data valid:

December 7, 1998

Section:

CP South District

Phone:

392-7333

Appendix B

Comments of Civic Officials

1.Director of Buildings Division, Urban Planning and Development Services dated October 26, 1998

Our comments concerning this proposal are as follows:

Description:Build 18 Storey of retail store and office building with two level of basement parking.

Zoning Designation:CR T12.0 C8.0 R11.7Map:51H-311

Applicable By-law(s):438-86, as amended

Plans prepared by:The Webb Zerafa Menkes Housden PartnershipPlans dated: September 16, 1998.

Non-Residential GFA:33896 m²

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.

1The by-law requires that the non-residential gross floor area be not more than 8.0 times the area of the lot: 27116.8 square metres. The proposed non-residential gross floor area of the building is 33896.0 square metres. (Section 8(3) PART I 2)

2The by-law requires the provision of at least 305.1 square metres of common outdoor space. The proposed common outdoor space is 231.0 square metres. (Section 8(3) PART III 1(a))

3. a)The maximum permitted height of the building or structure is 76.0 metres. The proposed height of the "mast" of the building is 104.0 metres;

b)The maximum permitted height of the mechanical enclosure is 5 metres on top of the height limit applicable to the lot . The proposed is 14.2 metres ( approx.)on top of the height limit applicable on the lot. ( Section 4(2)(a)(i)(A) )

4. The maximum allowed mechanical enclosure is 30% of the area of the roof of the building. The proposed is 36.2% of the area of the roof of the building. ( Section 4(2)(a)(i)(B) )

5.One shower-change facility for each gender has not been provided. ( Section 4(13)(a))

6. The By-law requires at least 60% of street-related retail and service uses on each frontages of the lot. The proposed are only 22% on Queen Street East and 51% on Yonge Street. ( Section 12(2)259.(ii) )

NOTE:a)Any Right-of-Way or easement issue must be clarified prior to the building permit application;

b) The proposal requires a consent or approval from the TTC.

Other Applicable Legislation and Required Approvals

1.The proposal requires conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

2.The property is designated historical, and the proposal requires the approval of Heritage Toronto under the Ontario Heritage Act.

3.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.

2.Commissioner of Works and Emergency Services dated February 25, 1999

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 minimum of 102 parking spaces on the site to serve the project;

(c)Designate individually the substandard parking spaces by means of clearly visible signs for use by small cars only;

(d)Provide and maintain signage in the vicinity of the parking access ramp and the loading area to clearly advise motorists and delivery vehicles of the respective uses of the driveway and loading area;

(e)Construct the access ramp to the underground garage with a slope not exceeding 5% within 6 m of the property line and not exceeding 15% along the remaining portions;

(f)Provide and maintain a heating system to prevent ice and snow build-up on the access ramp to the underground garage and loading area which will be exposed to the elements;

(g)Construct the sections of the driveway system which provide direct access to the parking spaces with a slope not exceeding 5%;

(h)Provide and maintain a minimum of 2 Type B and 3 Type C loading spaces on the site with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(i)Provide and maintain minimum inside and outside turning radii of 8.6 m and 13.4 m at all turns to be negotiated by trucks using the Type B loading spaces;

(j)Provide and maintain a solid painted line separating the access ramp/driveway from the loading area;

(k)Submit to the Commissioner of Works and Emergency Services final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building to enable the preparation of building envelope plans, and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;

(l)Apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to filing a formal application for a building permit;

(m)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council, a Noise Impact Statement in accordance with City Council's requirements;

(n)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;

(o)Provide, maintain and operate the noise impact facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;

(p)Submit a grading and drainage plan and revised drawings with respect to Recommendation Nos. 1(d), 1(e) and 1(j), above, for the review and approval of the Commissioner of Works and Emergency Services;

2. That the owner be advised:

(a)Of 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;

(b)That the Yonge Street boulevard must be designed in accordance with the guidelines of this Department;

(c)Of the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling/shoring etc. from this Department prior to construction; and

3. That the owner be requested to provide and maintain not more than 120 parking spaces on the site.

Comments:

Location

Northeast corner of Yonge Street and Queen Street East, extending to Victoria Street.

Proposal

Construction of an 18-storey commercial building containing 32,776 square metres of office space and 1,120 square metres of retail space at grade. Portions, including the existing facade of the bank building at Premises No. 173 Yonge Street, which is designated as an historical structure under the Ontario Heritage Act, will be incorporated into the proposed structure. As well, the existing subway entrance on Queen Street East will be eliminated and reconstructed within the proposed building.

Previous Applications

Portions of the site were the subject of Site Plan Review Application Nos. 394014 and 395090 and Rezoning Application No. 2046 and is subject to Development and Collateral Agreements registered on September 8, 1994 as Instrument Nos. CA304891 and CA304892, respectively and statement of Approval/Undertaking No. U395090.

Parking and Access

The provision of 143 parking spaces exceeds the estimated parking demand generated by this project for 102 spaces, consisting of 92 spaces for the office component and 10 spaces for the retail component and the Zoning By-law requirement for a like amount. In order to discourage discretionary non-essential vehicle use, in accordance with former Council policy, it would be preferable that the provision of non-residential parking spaces not exceed the essential parking demand generated by the proposed uses. Given the general development activity in the area, the resultant and traffic impacts and that the project has a direct connection to the subway system, it is requested that the owner consider reducing the parking supply to be more in line with the estimated parking demand and the minimum By-law requirements and be limited to no more than 120 spaces.

The general layout of the parking spaces is acceptable. It is noted that 3 of the parking spaces on Level 1 have a length of 5.69 m, whereas, 5.9 m is required. These spaces are acceptable and should be designated individually by means of clearly visible signs for use by small cars only. As well, the parking spaces will be accessed from sloped driveways of 2.5% which is acceptable.

Access to the underground garage is proposed via a ramp off of Victoria Street. The plans show the initial access ramp with different slopes on different plans (one plans shows a 7% slope, the other with a varying slope of 6% and 12%). The slope should not exceed 5% within 6 m of the street line and not exceed 15% along the remaining portions. Given that a portion of the ramp would be exposed and will be jointly used by trucks accessing and egressing the loading spaces, it should be equipped with a heating system to prevent ice and snow build-up. As well, it appears that the driveway connecting the ramp from the street line to the internal ramp leading to the underground parking garage is not clearly designated. As a result, it is recommended that a solid painted line separating the access ramp/driveway from the loading area be installed. This will provide motorists accessing the underground garage with a delineated driveway.

Transportation Demand Management (TDM) Plans

As this project generates a non-residential parking demand in excess of 75 parking spaces, the owner is required to submit in accordance with City Council policy, for review and approval, a Transportation Demand Management (TDM) Plan which sets out measures to be taken in the design and construction of the project, as well as on-going strategies to reduce automobile use. The Transportation Demand Management Plan required of the owner will include:

(a)A description of the measures (policies, programmes, processes, facilities, equipment and manpower) which will be put in place to carry out and administer the TDM Plan;

(b)An assessment of the anticipated morning and evening peak hour trip-making by travel mode if no TDM Plan was in place (base case), including all qualified assumptions;

(c)An assessment of the anticipated reduction in morning and evening peak hour automobile trips which can be attributed to the TDM Plan. The targeted reduction is to be described, where applicable, in terms of:

-percent and numeric reduction anticipated in peak hour vehicle trips;

-percent and numeric reduction anticipated in single occupant vehicles;

-average automobile occupancy in the peak hour;

(d)An outline of measures to address auto travel reduction during off-peak time;

(e)A description of how the TDM will be integrated and operated, in the context of the plans and drawings for the development proposal;

(f)A description of the mechanisms which will be used to:

-implement and administer the TDM Plan;

-monitor, modify and enforce the TDM Plan, bearing in mind the automobile trip reduction targets; and

-ensure the continuity of the TDM Plan for the life of the development.

The owner is advised that the preparation of the plan can be facilitated by contacting the Transportation Services Division (telephone no. 392-7711) for assistance in the format and content requirements.

Loading

The provision of 1 Type G, 1 Type B and 3 Type C loading spaces within a truckcourt area satisfies the estimated loading demand generated by this project for 2 Type B and 3 Type C loading spaces and, as far as can be ascertained, the Zoning By-law requirement for a like amount. The proposed loading area and loading spaces are configured such that trucks using the loading spaces would be able to enter and exit the loading area in a forward motion, however, trucks would have turning conflicts with vehicles entering and exiting the underground garage. To eliminate this turning conflict, a cautionary signage system must be employed advising motorists that trucks may be turning within the loading area.

Refuse Collection

The development is classified as large commercial in the Municipal Code, Chapter 309, Solid Waste and as such, is not eligible for City collection service. As a result, the owner will have to make arrangements for the services of a private refuse collection firm.

Municipal Services and Storm Water Management

The existing water distribution and sanitary sewer systems are adequate to accommodate this development.

The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and approval.

Work Within the Road Allowance/Permits

It will be necessary for the owner to submit a separate application to this Department for a permit(s) in respect of any work proposed or required within the road allowance. In regard to streetscape work within the Yonge Street road allowance, the design of the boulevard must meet this Department's guidelines for pedestrian accommodation, greening and aesthetics. Clarification on how these standards will apply to this site can be obtained from the Streetscape Program at 392-3808. Building location, access and other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible for obtaining the applicable permits and should be advised to contact the Right-of-way Management Section-District 1 at 392-7877 regarding the site specific permit/licence requirements for this project.

3.Manager, Service Planning, Toronto Transit Commission dated November 26, 1998

It is noted that the Yonge subway line is adjacent to the subject site. As the applicant is already aware, from ongoing discussions with TTC staff, it will be necessary to obtain approval of the site and foundation plans (5 sets) from the TTC (Attention: Domenic Garisto - Property Management Department) prior to receiving a building permit. The following supporting documentation is also requested:

• shoring drawings
• plot plan/sections/elevations showing relation to the subway structure
• structural calculations showing loads
• geotechnical report
• excavating, de-watering and landscaping plans.

The applicant has been working with TTC staff with regard to the proposed new subway entrance connection. An acceptable design for this connection has not yet been developed. Assuming agreement on a design can be reached, the applicant will be required to enter into a legal agreement with the TTC and the City of Toronto. Subsequent final approval of the foregoing development will be conditional upon the execution of this agreement and will be subject to any conditions that may be specified to the applicant by Mr. Garisto.

Please inform the applicant that it is possible for noise and vibration and electro-magnetic fields to be transmitted from transit operations into any structure constructed over or adjacent to the transit facilities or structures. We suggest that the developer consider applying attenuation measures so that the levels of noise and vibration and electro-magnetic fields that could be transmitted to the subject development will be at the lowest levels technically feasible. The developer should inform prospective purchasers and lessees, through a clause in the purchase or rental agreements, of the potential for noise and vibration and/or electro-magnetic fields and the fact that the TTC accepts no responsibility for any such effects.

4.Environmental Health Officer, Environmental Health Services, Public Health, Community and Neighbourhood Services dated October 30, 1998

Thank you for your request of September 23, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

The applicant proposes to construct an 18 storey building with 2 storeys of underground parking on this site. Information available to us indicates that the subject site was used for Tinsmith activities on Yonge Street (siccode 29) in 1899 and a store foundry along Queen Street in 1899.

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 an 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. The report should be submitted to the Medical Officer of Health, for review, prior to the issuance of a building permit.
2. That the owner shall conduct a site and building audit for the identification of all hazardous materials on site and in the existing buildings. 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 and building audit should be submitted to the Medical Officer of Health for review, prior to the issuance of a building permit.
3. That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted to the Medical Officer of Health, for approval, prior to the issuance of a building permit.
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 to the Medical Officer of Health for approval, 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 I will inform the applicant in respect to this matter. If you have any questions contact me at 392-7685.

5. Toronto Historical Board, as adopted at its meeting of March 10, 1999

RECOMMENDATION

That, based on the on-site inspection by Board Members and discussions with the applicant's team, the Official Plan Amendment, rezoning, and site plan application affecting the designated property at 173 Yonge Street be supported on the condition that:

1. The owner enter into a Heritage Easement Agreement with the City of Toronto to protect historic elements;

2. The owner provide a letter of credit in a form and amount satisfactory to the Managing Director, Heritage Toronto, and the Commissioner of Finance to stabilize and/or encapsulate the remaining portions of the historic building in the event the development fails to be completed; and

3. The applicant continue to work with Heritage Toronto staff to ensure interior fixtures and finishes are satisfactory.

COMMENTS

1. Background:

At its meeting on 24 February 1999, the Board had before it a staff report on an application for Official Plan Amendment and Rezoning affecting the property at 173 Yonge Street. The Board adopted the staff recommendation:

That Heritage Toronto recommend that this application is not in compliance with the "reasons for designation" as set out in By-law #310-88 and therefore should be refused in its present form.

The Board requested staff to meet with the applicant to review the access to and from the disabled elevator to determine whether it would be possible to save the double-barrel vaulted vestibule and to review whether the marble surrounding the elevator should be reused in some portion of the floor.

2. Discussion:

On 4 March 1999, Board members Jon Harstone and Anne Stanley, accompanied by staff, met with the area planner, project architect and restoration consultant at the bank premises. The group was able to tour the building while discussing the proposal and questions raised by the Board.

With respect to the Board's specific questions, Mr. Harstone and Ms. Stanley concluded that the disabled access and elevator were being handled well. They acknowledge the impracticality of retaining the column needed to support the double-barrel vault in the entrance vestibule and accepted the proposal to replace that vaulted element with a skylight recovered from one of the transverse vaults on the north side of the banking hall.

With respect to flooring and other interior finishes, Mr. Harstone and Ms. Stanley accepted that staff should continue to work with the applicant to find acceptable materials.

The applicant noted that the TTC had inquired about converting on of the windows on the Queen Street side into a doorway for TTC customers. Mr. Harstone and Ms. Stanley conveyed that Heritage Toronto would not support such a move.

In conclusion, Mr. Harstone and Ms. Stanley noted that staff was correct to express concern for the interior designated elements but are supportive of the proposed alterations and incorporation of the bank's south and west facades and reconstructed ceiling into the proposed site plan.

The applicant will still enter into a Heritage Easement Agreement with the City of Toronto to protect the historic facades and the applicant will still provide a letter of credit to ensure that there are sufficient funds to stabilize and/or encapsulate the remaining portions of the historic building in the event the development fails to be completed.