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April 14, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Preliminary Report on Application No.299004 for an Official Plan Amendment, Rezoning and Site Plan approval to permit the construction of an Opera House and a 44 storey office/residential tower at 145 Queen Street West (Ward 24 Downtown).

Purpose:

To introduce a proposal to construct a proposed Opera House and mixed use tower, and to give this proposal further consideration including a public meeting in the community.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that I be requested to hold a public meeting in the community to discuss the application and to notify owners and residents within 300 metres of the site and the Ward Councillors.

Comments:

1.Site

The site includes the entire block bounded by University Avenue, Queen Street West, York Street, and Richmond Street West. The site, comprising 6976.7 m2, is currently used as a surface parking lot. Both York Street and Richmond Street are one way northbound and westbound respectively. University Avenue functions as one way also, because of the median dividing the northbound and southbound lanes.

There are two hotels located to the south and east of the block, while Osgoode Hall is located on the north side of Queen Street West. The Osgoode subway station can be accessed on the north-west corner of the site. There is regular street car service along Queen Street, and tracks for short-turn streetcars along York Street.

2.The Proposal

The application is being filed jointly by the Canadian Opera House Corporation (COHC) and Cadillac Fairview Corporation (CFC). The site is located within the Financial District. The application seeks a density exemption for the floor area of the Opera House which exceeds the exemption for cultural facilities permitted under the Official Plan.

2.1Opera House Portion

The proposed floor area of the Opera House is 20,438 m2 (220,000 ft.2), or approximately 20 percent of the total floor area of the project. The building would front onto University Avenue, with the main entrance through an enclosed eighteen metre high glass entryway. Connections to the subway and the PATH system are proposed at this location. The building extends eastward, covering about two thirds of the site. The height of the auditorium portion of the Opera Hall is approximately 30 metres. Above the stage area, the building reaches a height of about 38 metres.

Loading is proposed from York Street for both the Opera House and the office/residential tower. The loading arrangement will require that York Street be turned into a two way street between King Street West and Queen Street West. The entrance to three levels of underground parking is proposed from Richmond Street.

2.2Office / Residential Tower

Ancillary retail uses are proposed along the Queen Street frontage in conjunction with the main entrance to the office tower. The residential lobby is proposed at the northeast corner of the site. The office / residential tower is located at the east end of the site and is proposed to be 192.9 metres high, to the top of the mechanical space. There are 44 floors, of which 18 floors are residential and 20 floors are office. The remaining floors are consumed by mechanical space and structural elements required to "bridge" the stage / assembly area of the Opera House. The application proposes 202 residential units. The residential floor area is 27,628 m2 (26.5 % of the project)while the office component is 56,000 m2 (53.7 % of the project).

3.Reasons for the Application

The lands are designated under the Official Plan as being within the Financial District. Both the Official Plan and zoning by-law permit a total density of 12 times coverage, of which 8 times coverage can be used for non-residential uses. However, Section 9.12 of the Plan, and Section 8(3) Part 1 of the Zoning Bylaw, provide that the total permitted density shall be reduced by 0.3 times lot area if street related retail uses are not provided to an amount equal to 60 percent of the frontage of a building. Since the proposal does not meet this requirement, the maximum permitted density is 11.7 times coverage.

An Official Plan amendment has been requested to increase the exemption provided for cultural facilities from 10% of gross floor area to approximately 20% of total gross floor area. Zoning amendments are necessary to accommodate, among other matters, the proposed density, height, and reductions in parking standards, residential amenity space, and street related retail use.

4.Planning Issues

The proposal raises several matters related to the Official Plan policy for cultural facilities and zoning matters such as height. These issues are discussed briefly below.

4.1Density Exemption for Arts and Cultural Facilities

Section 10.8 of the Official Plan provides for a density exemption for arts and cultural facilities of up to ten percent of the permitted floor area, on the condition that the space is made available to arts groups at a nominal rent. The intent of the policy is to secure a venue for emerging artists and small to mid-sized arts organizations in space provided by the developer. In this case, the Opera House is one of the developers of the project.

Section 10.8 would permit a density exemption of up to 8,372 m2 (90,119 ft2). The applicant is seeking a full exemption for the Opera facilities, totalling 20,438 m2 (220,000 ft2). Should this exemption be granted, then the floor area of the office / residential tower is proposed to equal 12 times coverage for the site. If Council determines that the full exemption for the Opera House is not appropriate, additional density variances will be required in order to accommodate the proposed office and residential components.

4.2Section 37 Agreement

If Council determines that an exemption for the floor area devoted to the Opera House is not warranted, the resulting density may be viewed as a density bonus. Similarly, the exceptional height necessitated to incorporate the office and condominium may be seen as a bonus. Increased height and density are both matters which may be subject to agreements made under Section 37 of the Planning Act.

Possible benefits under Section 37 might include agreements for the use of space within the opera building itself for students from local schools, artists, or musicians, to allow them to perform or display their work. Other matters relevant to Section 37 will need further discussion.

4.3Height

The zoning height limit for this site is 76 metres. The proposed commercial/residential tower will reach 193 metres. The principal concern is that the shadowing created by the additional height will impact both the green area in front of Osgoode Hall, and portions of Nathan Phillips Square. The applicants have attempted to reduce these impacts by designing a tall, slim tower, and locating it at the east end of the site. This issue requires further consideration.

4.4Parking

The applicants are requesting a reduction in the parking standard for the Opera House, on the basis that performances are normally held in the evening, when the below grade parking serving the office component would be empty. The suggestion has also been made that there are numerous parking opportunities in the vicinity of the site where patrons could park. Similarly, the applicants are also requesting that the general bylaw standard for parking be applied to the residential component. While the site is well situated with regard to public transit and is highly accessible for pedestrians, the requested variances will require further consideration.

4.5Street Edge Relationships

The proposed entrance to the Opera House will be located along the University Avenue frontage where the applicants are proposing a large glass atrium (the "City Room"). Connections are also proposed to the Osgoode subway station, and the PATH system below grade at the north-west corner of the site. Efforts have been made to bring street animation to the Queen Street West frontage through the introduction of ancillary retail uses, and to the Richmond Street West facade through the introduction of Opera-related uses. The York street frontage is largely taken up by access to the loading facility. Staff are continuing to work towards achieving a more positive street relationship.

4.6Vehicular Access

The proposed loading bays are to be accessed from York Street. To facilitate movement of large trucks in a continuous forward direction while minimizing disruption to the surrounding streets, it is necessary to provide an access point from southbound York Street, and an exit onto Richmond Street West. Therefore, York Street must be reverted to two-way traffic. This appears to be possible as far south as King Street West, where physical constraints are prohibitive.

The change in York Street to two-way traffic is generally considered to be a positive development with the potential to improve access and increase opportunities for street-related retailing. However, there may be site specific impacts on access and circulation, and the possible effects on streetcar routing requires consideration. The applicant has been requested to submit a traffic study assessing the impacts on the parking and loading operations of existing buildings fronting on York Street between Queen Street and King Street.

Several issues arise from the proposed loading layout. The loading area is small, and the larger trucks will need to pull forward partly into Richmond Street West in order to back into the loading dock. These issues will be assessed as part of the traffic analysis.

4.7University Avenue By-law

The University Avenue By-law, adopted in 1931, includes standards for building materials and signage related to this site. Since the requirements of that by-law can be implemented through both the Sign By-law and the site plan review process, staff have actively considered the repeal of the University Avenue By-law. The final report on the application will include recommendations for exemptions to this by-law.

4.8Environmental Issues

Soil testing of the site indicates the need for some soil remediation. The final report on this application will include comments from the appropriate officials on the treatment of these issues.

Contact Name:Rollin Stanley

Telephone: (416) 392-0424

Fax: (416) 392-1330

E-Mail: rstanley@toronto.ca

Beate Bowron

Director, Community Planning, South District

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APPLICATION DATA SHEET

 

   
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