June 28, 1999
To: Toronto Community Council
From: Commissioner of Urban Planning and Development Services
Subject: Final Report - Official Plan and Zoning By-law Amendment Application No. 198012 - 1115 and 1121 Bay Street
(Ward 24, Downtown)
Purpose:
To provide final recommendations for approval of an Official Plan and Zoning By-law Amendment Application No.
198012 for 1115 - 1121 Bay Street for a 21-storey mixed-use building containing 154 residential units with retail uses at
grade.
Financial Implications:
With the approval of this application, the City will secure financial contributions of $200,000 for the Capital Revolving
Fund for Affordable Housing and $100,000 for the East of Bay and Vicinity Reserve Fund pursuant to Section 37 of the
Planning Act.
Recommendations:
It is recommended that:
(1)the Official Plan be amended to add a new Section 18 provision substantially as set out below:
"18.__Lands known as 1115 and 1121 Bay Street
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 1115 and 1121 Bay Street, to permit an increase in the density and height of development
otherwise permitted, for the erection and use of a mixed-use building, including below-grade parking, provided that:
(a)the maximum residential gross floor area of the building does not exceed 11,655 square metres;
(b)the maximum non-residential gross floor area of the building does not exceed 280 square metres;
(c)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) a contribution of $500,000 which shall be expended as follows:
(a)not more than $150,000 shall be expended on public art associated with the development, in accordance with the former
City of Toronto's standard public art programme;
(b)not more than $50,000 shall be expended on off-site streetscape improvements in the vicinity east of the site, to the
satisfaction of the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of
Works and Emergency Services; and
(c)of the remaining $300,000, a minimum of $200,000 shall be provided to the City for the provision of affordable housing
and $100,000 shall be provided to the City for the provision of parkland in the vicinity of the site;
(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes as required;
(iii)submission, approval and implementation of a Noise Impact Statement;
(iv)provision of improvements to the public boulevard and public sidewalk or payment for the improvements to be
provided; and;
(v)if deemed necessary by the Medical Officer of Health, any environmental review and remediation including a Dust
Control Plan, all in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines;
(2)the Zoning By-law , By-law 438-86, as amended, be amended so as to:
(a)exempt the site from the following sections of By-law 438-86, as amended:
4(2)Height Limit and Mechanical Penthouse provisions
8(3) PART I 1Maximum Residential and Non-Residential Gross Floor Area
12(2) 259Street Related Retail and Service Uses
(b)permit the erection and use of a mixed-use building containing street-related retail and service uses and residential uses
provided:
(i)the residential gross floor area does not exceed 11,655 square metres;
(ii)the non-residential gross floor area does not exceed 280 square metres;
(iii)the height of the building does not exceed 76.8 metres including a 10.9 metre allowance exclusively for the use as a
mechanical penthouse structure which may include amenity space and decorative building elements;
(iv)a minimum of 35 percent of the Bay Street frontage is used for street-related retail and service uses;
(v)a minimum of 107 parking spaces are provided for the residential units in the building;
and 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) a contribution of $500,000 which shall be expended as follows:
(a)not more than $150,000 shall be expended on public art associated with the development, in accordance with the former
City of Toronto's standard public art programme;
(b)not more than $50,000 shall be expended on off-site streetscape improvements in the vicinity east of the site, to the
satisfaction of the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of
Works and Emergency Services; and
(c)of the remainder of the funds, at a minimum of $300,000, $200,000 shall be shall be provided to the City for the
provision of affordable housing and $100,000 shall be provided to the City for the provision of parkland in the vicinity of
the site;
(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required;
(iii)submission, approval and implementation of a Noise Impact Statement;
(iv)provision of improvements to the public boulevard and public sidewalk or payment for the improvements to be
provided;
(v)if deemed necessary by the Medical Officer of Health, any environmental review and remediation including a Dust
Control Plan, all in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines; and
(c)repeal By-law 311-78;
(3)the legal agreement referred to in Recommendation (1) and (2) above contain the owner's acknowledgement that the
payments made to the City pursuant to Section 37 of the Planning Act are separate and distinct from any other payments
made to the City under Section 42 or any other section of the Planning Act or any other applicable legislation;
(4)the owner be advised of the requirement for Site Plan Approval including submission and the approval of a landscape
plan for all on and off-site improvements with the following requirements to apply:
(a)construct the access ramp to the underground parking garage with a slope not exceeding 5% within 6 m of the property
line and not exceeding 15% along the remaining portions;
(b)provide and maintain a stop sign at the top of the access ramp for vehicles exiting the underground parking garage and a
mirror for trucks backing out of the Type G loading space;
(c)provide and maintain a garbage room and a recyclable materials storage room with minimum sizes of 30 mē and 15 mē,
respectively, for the shared use of the residential and non-residential components, and install and maintain a stationary
compactor unit in the garbage room;
(d)provide and maintain access to the garbage and recycling rooms with double or overhead doors of sufficient size to
accommodate the transport of container bins;
(e)provide and maintain service connections from the retail component to the garbage and recycling rooms, and the Type G
loading space;
(f)provide and maintain 1 Type G loading space on the site, with a generally level surface and access designed so that
trucks can enter and exit the site in a forward motion;
(g)provide and maintain a concrete base pad with a minimum area of 20 mē and a slope not exceeding 2% adjacent to the
front of the Type G loading space for the storage of at least 5 compactor containers on collection day;
(h)construct all driveways and passageways providing access to and egress from the Type G loading space with a minimum
width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside turning radii
of 9 m and 16 m;
(i)construct the Type G loading space and all driveways and passageways providing access thereto to the requirements of
the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle loading with impact
factors where they are to be built as supported structures;
(5)the owner submit to the Commissioner of Works and Emergency Services:
(i)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 the remainder of the site; and
(ii)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 the introduction of Bills in Council;
(6)the owner:
(a)apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal
application for a building permit; and
(b)submit a grading and drainage plan, prior to the issuance of a building permit, for the review and approval of the
Commissioner of Works and Emergency Services;
(7)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)of the City's requirement for the payment of a service charge associated with the provision of City containerized garbage
collection;
(c)that all recyclable materials generated by this project eligible for collection under the City's recycling programs must be
set out for collection on the days and at the times scheduled by the City for the collection of recyclables; and
(d)of the comments of the Commissioner of Urban Planning and Development Services requiring the submission of a set of
fully dimensioned architectural plans to verify the site statistics prior to the final approval of the project.
(8)the City Solicitor and the Commissioner of Urban Planning and Development Services represent the City at the Ontario
Municipal Board in order to pursue the approval of the amendments contained in this report as may be required.
Background:
(a)Applicant and Owners
Application submitted by Stanley M. Makuch, Cassels Brock and Blackwell, 40 King Street West, Suite 2100, Toronto,
Ontario M5H 3C2, on behalf of 1268144 Ontario Inc. and 1297906 Ontario Inc., 199 Adesso Drive, Concord, Ontario L4K
3C4
(b)Location and Context
The 1008.5 square metre site is located at the southeast corner of Bay and Charles Streets. The site currently contains two
three-storey buildings housing restaurant uses. A public lane (LaScala Lane) borders the east side of the site.
The site is located within a high density corridor which generally extends between Bloor Street and Wellesley Street to the
south. Immediately to the south of the site is a 27-storey mixed used building containing residential apartments, a
residential hotel, office uses, and street-related retail and service uses. To the east is a 20-storey apartment building. The 51
storey Manulife Centre is north of the site, and an 18 storey mixed use building and 30 storey residential condominium
building are located on the west side of Bay Street.
(c)Proposed Development
The proposed development is a 21-storey (76.8 metres high including mechanical penthouse) mixed-use building
containing 154 residential condominium units with street related retail and service uses at grade and 5 below grade parking
levels containing 107 parking spaces. The proposed total gross floor area is 11,935 square metres (11.8 times the area of
the lot). The existing buildings on the site will be demolished. The vehicular entrance to the underground garage and
servicing for the proposed building will be from the public lane. The residential entrance will be off Bay Street. The
massing of the building establishes a 2-storey podium with the building shaft set back 3 metres from Bay Street and 1.5
metres from Charles Street.
(d)Previous Planning Approvals
In December 1984, the Committee of Adjustment granted a consent to sever what is now 1115 Bay Street from the retained
parcel to the south (1099 Bay Street). In doing so, the Committee noted that all of the permitted density for the severed and
retained parcels had been fully utilized in constructing the mixed use building at 1099 Bay Street, and thus imposed a
condition that there be no further residential development on 1115 Bay Street. The zoning on this site was again altered
with the adoption of Cityplan in 1993. This current application represents a reconsideration of these previous planning
approvals for this site.
(e)Public Comments
A public meeting was held on September 10, 1998 attended by 20 people. In addition, the Department has received letters
from the public. Issues of concern that have been raised include the integrity of the Official Plan, the increase in density
and height, physical impacts of the building including wind, shadows, pedestrian amenity and noise, the appearance of the
building and traffic issues including congestion on Charles Street and adequacy of parking. These issues are addressed in
this report.
Comments:
1.Planning Controls
(a)Current Official Plan and Zoning By-law
The Official Plan designation for the site is High Density Mixed Commercial-Residential Area "A", which permits mixed
use buildings with a maximum density of 6 times the area of the lot. The Zoning By-law designates the site as CR T6.0
C1.0 R6.0, which permits a maximum total density of 6 times the area of the lot with a maximum commercial density of 1
times the area of the lot. The height limit is 46.0 metres. There is a site-specific Zoning By-law (By-law No. 311-78)
applicable to the 1121 Bay Street property relating to an extension to the existing building on the site which would be
redundant upon approval of this application and would be repealed as part of this approval.
b)Requested amendments to the planning controls
i)Official Plan
Amendments are required to the Official Plan to permit the increase in density from 6.0 to 11.8 times the area of the lot and
provide for the entering into of an agreement pursuant to Section 37 of the Planning Act, to secure various facilities,
services and matters outlined in this report.
ii)Zoning By-law
The proposed development does not comply with the Zoning By-law in the following ways: the proposed density of 11.8
times the lot area exceeds the permitted density of 6.0 times the area of the lot; the proposed height of 76.8 metres,
including the mechanical penthouse, exceeds the permitted height of 46.0 metres; 36 percent of the Bay Street frontage is
retail which is below the required 60 percent.
c)Appeal to Ontario Municipal Board
The applicant has appealed this matter to the Ontario Municipal Board citing the municipality's failure to make a decision
within 90 days of receipt of the application. In considering the adoption of the by-laws recommended in this report, staff
are seeking Council's authorization to present Council's position on the matter to the OMB, as may be required.
d)Site Plan Approval
This application does not include Site Plan Approval. Site Plan Approval, which will be applied for separately, is required
prior to the issuance of a building permit. A landscape plan showing the details of on and off-site streetscape improvements
and outdoor amenity spaces will be required. All off-site streetscape improvements will require a separate application to
the Commissioner of Works and Emergency Services for approval of works within the street allowance.
2.Planning Considerations
In determining the appropriateness of the proposal, it is relevant to consider the increase in density and height requested in
terms of consistency with the objectives and policies of the Official Plan. Comments received from the public have also
been taken into account.
(a)Density and Height
The density of the proposal is almost double the permitted density. The proposed height increase is also substantial.
The site is located in a high density residential area in which tall apartment buildings are characteristic. The site is the final
remaining unredeveloped site on the east side of Bay Street between Bloor and Wellesley Street West.
The proposed height of 76.8 metres including the mechanical penthouse is approximately the average height of buildings
on Bay Street between Bloor Street and Wellesley, including buildings just to the east of the site but excluding the
Manulife Centre which is 164 metres high.
With respect to density, considering that site sizes in the area vary considerably, the proposed density is higher than
average but within the range of building densities, which have largely been approved as site specific amendments to the
Official Plan and/or Zoning By-law over the last 20 years. Contextually, the proposed building will mirror the general size
of 1132 Bay Street which is located on the northwest corner of Charles and Bay Streets and would be about 9 metres
shorter than the building immediately abutting the site to the south.
(b)Evaluation of Physical Impact
It is recognized that this area of Bay Street is intensively developed with tall buildings. Buildings in this area vary in design
and vintage and often have not been massed in such a way as to mitigate their environmental impact on the public realm. In
certain sidewalk locations, shadow and wind impacts are less than desirable. In adding another building to the area, it is
important to achieve a neutral if not positive impact which will assist in improving the level of pedestrian amenity.
(i)Shadow
The Official Plan identifies Bay Street in this area as requiring a 3 hour sunlight standard on one sidewalk while the Zoning
By-law has no implementing angular plane requirement, largely in recognition of the existing condition of tall apartment
buildings. Since this is a rezoning application, it is appropriate to attempt to achieve the 3 hour standard set by the Official
Plan, if possible, given existing conditions.
The applicant has submitted a shadow analysis which shows that shadows cast on Bay Street during the morning hours by a
building permitted by the existing zoning would be marginally less than the shadows cast by the proposed building.
However, both building options generally achieve the 3 hour sunlight standard required by the Official Plan.
(ii)Wind
The applicant submitted a study which concluded that the wind comfort conditions in the vicinity of the site were not
significantly affected by the addition of the proposed building. The proposed massing discussed below serves to mitigate
wind impact.
(iii)Massing and Pedestrian Amenity
The massing of the building is mitigated by the 2-storey podium which will provide a pedestrian-scale at the base of the
building. The building will include a colonnade on Bay Street, which will be aligned with the colonnade of the building to
the south, providing up to 3.0 metres additional width for the Bay Street sidewalk. The Charles Street sidewalk will be
widened by 1.5 metres. Retail and residential lobby uses will animate the ground floor of the building.
The massing and sidewalk improvements will improve conditions for pedestrians in the area.
(iv)Light, View, Privacy and Amenity
The proposed building complies with the minimum separating distances required by the Zoning By-law with suite
arrangements generally oriented to the west, north and east. The project includes two indoor and outdoor amenity spaces
and complies with the requirements of the Zoning By-law.
(c)Parks
This site is just west of a large area of the Central Core which is deficient in parks to serve the population of workers and
residents, as set out on Map 6 of the former City of Toronto Official Plan. In considering the proposed increase in height
and density, it is appropriate to consider how the application may serve to mitigate these park deficiencies. This
opportunity is discussed in the context of Section 37 Public Benefits below.
(d)Parking, Loading and Traffic Issues
The applicant is proposing 107 parking spaces which slightly exceeds the Zoning By-law requirement for 104 spaces. The
parking is to be provided in 5 underground levels accessed via La Scala Lane to the east of the site. Taking into account the
unit count, suite sizes, concern with the feasibility of adding an additional underground level of parking, the proximity of
public transit and the availability of public parking in the area, the Commissioner of Works and Emergency Services is
satisfied with the proposed parking.
With respect to the loading, one Type G loading space in a lay-by configuration off La Scala Lane is acceptable.
At the request of planning staff and in order to address concerns raised by the public regarding area traffic conditions and
impact, the applicant submitted a traffic impact assessment. The analysis concludes that the proposed development can be
accommodated by the existing road network and would have a minimal traffic impact on the signalized intersection at Bay
and Charles Streets.
The Commissioner of Works and Emergency Services has advised that comments on this assessment will be provided
under separate cover.
(e)Preservation of the existing buildings
While the former use of the building on the site as the LaScala Restaurant is of some note for Torontonians, Heritage
Toronto has advised that the buildings are not listed or designated under the Ontario Heritage Act.
(f)Housing Intensification
Policies of the former City of Toronto Official Plan and Metroplan support housing intensification in the Central Core. The
addition of 154 residential units proposed in this application achieves intensification in accordance with this planning
policy.
(g)Section 37 Public Benefits and Agreement
(i)Background
The former City of Toronto Official Plan contains policies which seek to secure public benefits as part of an application
which includes a request for an increase in height and density. These benefits include but are not limited to social housing,
non-profit community, cultural and institutional facilities, heritage preservation and parks. Ideally, these benefits are
provided and secured as part of a proposed development on site (e.g. a social housing development, the dedication of a
piece of the site for a park, an on-site daycare). If these public benefits cannot be included on site, a financial contribution
in-lieu is provided. The means by which these benefits are commonly secured is through an agreement pursuant to Section
37 of the Planning Act. The Official Plan sets out a principle that there should be a relationship between the value of the
increase in height and density and the cost of providing the public benefit.
The approval of Official Plan and Zoning amendments is a mechanism which can be used to achieve public benefits and
other objectives of the Official Plan. It is based in part on the acknowledgement that development which includes an
increase in height and density is a substantial private benefit. This kind of development should in some form contribute as
well to both local and city-wide planning objectives expressed throughout the Plan (e.g. the shortage of affordable housing,
the need to preserve heritage buildings, the need to address park deficient areas and meet other community facility needs).
For example, a recent residential condominium approval at Bay Street and Wellesley Street included a substantial on-site
public park dedication and a financial contribution over and above the Section 42 parks levy in part in exchange for the
increase in height and the reallocation of density on the site. These public benefits were secured through a Section 37
Agreement.
It should be noted that public benefits secured through Section 37 are in addition to and separate from payments to the City
for parkland contribution levies pursuant to Section 42 of the Planning Act and any development charges which may be
applicable. Contributions made pursuant to Section 37 are made specifically as a result of and in exchange for an increase
in height and density, in recognition of the need to achieve planning objectives set out in the Official Plan.
(ii)Applicability to Current Application
The applicant and staff have discussed a public benefits package which may be considered fair and reasonable considering
the value of the increase in height and density being requested and the cost of providing public benefits further to the
Official Plan policy outlined above.
This application includes a proposal from the applicant to incorporate public art into the building and provide some
non-site related streetscape improvements in the area. These two proposals are generally consistent with the Official Plan.
While public art is typically considered a separate obligation under the Official Plan, this development is smaller than the
minimum development size requirement for public art set out in the Plan. Therefore, it is considered appropriate to apply a
credit for this public art proposal to the overall public benefits package being offered. Similarly, a credit for non-site
related improvements is considered appropriate because of the public benefit being achieved in the local area.
In lieu of other on and off-site public benefits, the applicant has offered a financial contribution. Public benefits being
recommended in association with this application are contributions to the City's Capital Revolving Fund for Affordable
Housing and the East of Bay and Vicinity Reserve Fund for parks. Contributions to these funds address issues specifically
related to Official Plan objectives.
Appreciating that on a small site, these matters may not be achievable as part of this development, a financial contribution
toward existing City initiatives for affordable housing and open space development in lieu of providing these public
benefits on site is acceptable.
In summary, staff and the applicant have negotiated a public benefits package which is consistent with Official Plan policy
as follows: $500,000 contribution of which up to $50,000 may be utilized for non-site related streetscape improvements in
the vicinity east of the site and up to $150,000 may be used for public art on the building or site, subject to the approval of
the Public Art Commission. Of the remainder of the funds, a minimum of $200,000 is to be provided to the City for deposit
in the City's Capital Revolving Fund for Affordable Housing and a minimum of $100,000 is to be provided to the City for
deposit in the City's reserve fund for parkland development in the vicinity of this site.
A Section 37 Agreement will be entered into to secure these public benefits.
With respect to the streetscape improvements, the applicant will be required to reconstruct and/or improve the sidewalks
adjacent to the site to the upgraded standard found in the Bloor/Yorkville Business Improvement Area as part of the Site
Plan Approval. Additional streetscape improvements east of the site either on Charles Street or St. Mary Street up to a
maximum of $50,000 will be specified, after further consultation with the applicant and secured in the Section 37
agreement.
As the Section 37 public benefits are in addition to and separate from payments to the City for parkland contribution levies
pursuant to Section 42 of the Planning Act and any development charges which may be applicable, it is recommended that
the owner acknowledge this statement in the Section 37 Agreement.
Conclusion
This application has been evaluated on the basis of its consistency with objectives and policies in the Official Plan. This is
the last site to be redeveloped on the east side of Bay Street between Bloor and Wellesley Streets, in a high density
residential corridor in which tall apartment buildings are characteristic. The proposed development which has been
analysed in terms of contextual fit, physical impacts and amenity for the residents, is appropriately massed to mitigate any
impacts. In order for the increase in height and density to be acceptable, the proposal must meet all the tests of good
planning including the provision of a net community benefit. The approval of the proposed increase in height and density
will secure public benefits for the City in fulfilment of Official Plan policies pursuant to Section 37 of the Planning Act,
including funds for the provision of affordable housing and parks.
Contact Name
Gregg Lintern
Senior Planner, South District, East Section
Community Planning Division
Telephone: 392-7363
Fax: 392-1330
E-mail: glintern@toronto.ca
Beate Bowron
Director, Community Planning, South District
(p:\1999\ug\uds\pln\to991939.pln)-tm
APPLICATION DATA SHEET
| Site Plan Approval: |
N |
|
Application Number: |
198012 |
| Rezoning: |
Y |
|
Application Date: |
June 30, 1998 |
| O. P. A.: |
Y |
|
Date of Revision: |
June 4, 1999 |
Confirmed Municipal Address:1115 and 1121 Bay Street.
| Nearest Intersection: |
South-east corner of Bay Street and Charles Street. |
|
|
| Project Description: |
To construct a mixed use building containing 154 residential units with retail at grade. |
| Applicant:
Stanley Makuch
40 King St. West #2100
869-5977 |
Agent:
Cassels Brock & Blackwell
40 King St. West #2100
869-5977 |
Architect:
Page & Steele
95 St. Clair Av. West #200
924-9966 |
PLANNING CONTROLS (For verification refer to Chief Building Official)
| Official Plan
Designation: |
HDMCR 'A' |
Site Specific
Provision: |
311-78 |
| Zoning District: |
CR T6.0 C1.0 R6.0 |
Historical Status: |
No |
| Height Limit (m): |
46.0 |
Site Plan Control: |
Yes |
PROJECT INFORMATION
