June 28, 1999

To: Toronto Community Council

From: Commissioner of Urban Planning and Development Services

Subject: Directions Report - Official Plan and Zoning By-law Amendment Application No. 197032 - 460 Yonge Street (Ward 24 - Downtown)

Purpose:

To seek City Council's direction on an application to amend the Official Plan and Zoning By-law for 460 Yonge Street. In considering this proposal for an increase above the permitted height and density, the applicant has been requested to provide a public benefits contribution which is consistent with the intent of the former City of Toronto Official Plan pursuant to Section 37 of the Planning Act. The Official Plan seeks to achieve public benefits such as affordable housing, parks and community facilities in exchange for an increase in height and density.

Staff are requesting that City Council consider either approving the application based on the public benefit contribution offered by the applicant or refusing the application based on the unacceptability of the public benefit contribution offered by the applicant.

Financial Implications:

Based on the direction provided by City Council, this application should enable the City to secure a public benefit contribution pursuant to Section 37 of the Planning Act for the Capital Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund. The amount of the contribution is to be determined.

Recommendations:

It is recommended that:

(1)City Council provide direction to the Commissioner of Urban Planning and Development Services regarding Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street with respect to the following options in order to secure a public benefits contribution pursuant to Section 37 of the Planning Act, for the Capital Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund:

(a)application No. 197032 be approved in principle on the basis of a public benefits financial contribution of $150,000;

or

(b)application No. 197032 be refused on the basis that a public benefits financial contribution of $500,000 is an appropriate payment to be made in consideration of the increase of height and density requested in this application; and

(2)in the event that City Council directs that the application be approved in principle on the basis of (1) (a) above, the City Solicitor be requested to give notice for a public meeting to consider draft by-laws necessary to amend the Official Plan and Zoning By-law to permit this proposal and the Commissioner of Urban Planning and Development Services be requested to bring forward appropriate recommendations for approval in accordance with the comments from Civic Officials contained in Appendix A of this report.

Background:

(a)Applicant and Owners

Adam Brown of Brown, Dryer, Karol, Barristers and Solictors , 5075 Yonge Street, Suite 900, North York, Ontario, M2N 6C6 on behalf of Anbor Corporation, 22 College Street, Suite 103, Toronto, Ontario M5G 1Y6

(b)Location and Context

The 1760.1 square metre site is located at the southwest corner of Yonge and Grenville Streets. The site currently contains a two-storey commercial building housing 6 retail tenants, a bank and second floor offices.

The site is located in a transitional area between higher buildings in the vicinity of Yonge and College Streets and the predominantly low rise character to the north. There are mid and high-rise apartment and office buildings to the east and west of the site. The neighbourhood is mixed-use with street-related retail and service uses on Yonge Street, some government-related and commercial office buildings, a hotel under reconstruction and residential rental and condominium apartments. The College Park building is to the south of the site.

(c)Proposed Development

The proposed development is a 10-storey addition above the existing 2-storey building, including one transfer floor containing amenity, bike parking and storage space and 9 residential floors containing a total of 93 rental dwelling units. The residential addition is setback from the Yonge Street streetline 15.5 metres.

The total proposed density (existing and new) would be 6.94 times the area of the lot. The existing building density is 1.86 times the area of the lot. The proposed total height, measured from Grenville Street average grade and including the mechanical penthouse would be 43.9 metres or 38.5 metres to the top of the main roof. Measured from average grade on Yonge Street, the height is 44.9 metres including mechanical penthouse.

The proposed rental residential units in the building include one, two and two-bedroom+den, ranging in size between 570 square feet and 1480 square feet (53 to 137 square metres).

This final proposal has been modified from the original proposal. The density is the same but the massing of the building has been scaled back to more closely conform to the angular plane requirement. Notwithstanding this adjustment, the floor to ceiling heights have been reduced which has facilitated an increase in the number of floors from 9 to 10 and increase in the unit count from 88 to 93. The total height of the building, which was incorrectly identified in the Preliminary Report based on information provided by the applicant, has decreased approximately 2 metres.

(d)Public Comments

A community meeting held on July 7, 1998 was attended by approximately 15 people. The issues raised at the meeting included impact on the property to the south, access and use of the public lane, parking, physical impact on the residential building northwest of the site, height of the proposal and the functionality of the proposal. These issues are addressed in this report.

Comments:

1.Planning Controls

(a)Current Official Plan and Zoning By-law

The site is designated Low Density Mixed Commercial Residential Area in the Official Plan and is zoned CR T3.0 C2.0 R3.0 with an 18-metre height limit. The maximum density permitted by the Official Plan and Zoning By-law is 3.0 times the area of the lot. The Zoning By-law designates this area of Yonge Street as a priority retail street and stipulates angular plane provisions for buildings over 16 metres in height. The use mix on this portion of Yonge Street encourages residential uses which distinguishes it from the area to the south where more intensive retailing activity is encouraged.

The lands to the north of the site are designated Low Density Mixed Commercial Residential Area while the lands to the south, east and west are designated High Density Mixed Commercial Residential Area "B". The zoning reflects the Official Plan with higher density and height permission to the south, east and west.

(b)Requested Amendments to the Planning Controls

(i)Official Plan

Amendments are required to the Official Plan to permit the increase in density from 3.0 to 6.94 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 6.94 times the lot area exceeds the permitted total density of 3.0 times the area of the lot while the proposed residential density of 5.14 exceeds the permitted residential total of 3.0 times the area of the lot;

-the by-law requires a minimum of 63 parking spaces; no on-site parking is proposed;

-the proposed building penetrates the angular plane of 44 degrees measured from an elevation of 16 metres at the street line;

-the permitted height of 18 metres is exceeded; proposed height is 44.9 metres;

-minimum setbacks of 5.5 metres from the south lot line are not provided; proposed are 4.36 and 5.16 metres.

(c)Site Plan Approval

Site Plan Approval will be issued under separate cover upon a final determination of the Official Plan and Zoning By-law amendments.

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. The comments of the public have also been taken into account.

(a)Density and Height

The density of the proposal is more than double the permitted density on the lot which is a substantial increase. It is, however, within the range of densities found in residential, office and hotel buildings in the immediate vicinity.

The proposed increase above the permitted height limit is also substantial. Nevertheless the overall height of the proposed building is similar to the height of the recently completed residential building to the northwest of the site on Grenville Street and slightly less than the height of the reconstructed hotel building to the northeast of the site on Yonge Street.

(b)Contextual fit

The site is located between the predominantly low scale retail strip to the north and the higher density built-up area to the south, east and west. This context supports consideration of an increase in height on this site provided the building is transitional in character to mitigate the difference in development intensity and scale between these areas.

The surrounding context has been built out over a number of years during which regulatory controls and planning policy have been modified to achieve more predictable built form with a greater emphasis on the impact of development on the public realm. The most recently constructed building in the area at 10 - 18 Grenville Street which has a density of 9.3 times the area of the lot, was carefully massed to mitigate impact and create a transition to the lower scale of development along Yonge Street. The height of the proposed building and the setback of the building addition from Yonge Street help to achieve similar urban design objectives.

The intensification of this site is generally in keeping with the City's efforts to encourage the revitalization of Yonge Street in the downtown. The site is within the existing Downtown Yonge Street Community Improvement Project Area and the lands to the north are situated within an extension to the Project Area currently being considered for a Community Improvement Plan amendment. In this area of extension, for example, the City will be pursuing the facade improvement of retail storefronts along Yonge Street.

The maintenance of street related retail and service uses along Yonge Street is consistent with retail policies of the Official Plan. The use of Grenville Street as the residential "address" also contributes to the contextual fit of the building.

(c)Evaluation of Physical Impact

(i)Shadow

The angular plane provisions of the Zoning By-law require a five hour window of sun penetration on Yonge Street at this location. The evaluation of an as-of-right scheme which complies with the angular plane requirements compared to the proposed scheme revealed that approximately 4 hours of sunlight can be achieved, primarily due to existing conditions in this area which is comprised of some taller buildings built to the street line. The shadow impact has been addressed satisfactorily given these conditions.

(ii)Wind

A wind study was not requested of the applicant due to the proposed massing of the building which creates a desirable podium condition which mitigates the wind impact on the public realm.

(iii)Massing

The proposed massing responds to the lower scale of development to the north by setting back the building addition above the 2-storey podium 15.5 metres from the street line. This podium will improve the amenity of Yonge Street and of the proposed residential units. With respect to Grenville Street, the proposal includes a small setback above the third floor creating a cornice treatment which responds to other cornice and setback treatment along Grenville Street.

(iv)Light, View, Privacy and Amenity Space

The proposal generally meets the City's standards with respect to light, view and privacy. While the building setback from the south lot line is less than the Zoning By-law requirement, the windows on the south elevation are secondary, with principal windows facing east and west.

The proposal includes the required amount of indoor amenity space, located on the transfer or third floor and double the amount of the required outdoor amenity space, largely located on the podium roof along Yonge Street.

(c)Parks

This site borders large areas of the Central Core which are deficient in parks to serve the population of workers and residents as set out on Map 6 of the former City of Toronto's 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

The Commissioner of Works and Emergency Services has advised that 57 parking spaces for the exclusive use of the residents must be provided, which can be leased off-site within 300 metres of the site and must be surplus to the Zoning By-law requirements of the donor site. This is less than the anticipated demand of 118 spaces. Given the constraints imposed by the retention of the building, the fact that no parking is required for the non-residential components of the building and the proximity to public transit, the off-site parking arrangement is acceptable.

While the Zoning By-law requires 1 Type G loading space as proposed, the Commissioner of Works and Emergency Services foresees additional demand and requires further documentation outlining how the proposed loading space will accommodate expected demand. Further details are also required with respect to refuse collection.

These issues should be resolved to the satisfaction of the Commissioner of Works and Emergency Services prior to the introduction of any bill in Council.

(e)Housing Intensification and Affordability

Policies of the former City of Toronto Official Plan and Metroplan support housing intensification in the Central Core. The addition of 93 rental units proposed in this application achieves intensification in accordance with this planning policy.

There are also policies in the former City of Toronto Official Plan and Metroplan which encourage the provision of affordable housing. While it is recognized that this proposal is for private market rental housing, it does involve a substantial increase in height and density. The market rents of the proposed units will exceed what is considered affordable rents. As the provision of market rental housing is not in itself a consideration which justifies the increase in height and density which is requested, options have been discussed with the applicant which may assist in achieving the housing objectives pursuant to Official Plan policies. These options are discussed below.

(f)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 the proposed development on the 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 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 parks deficient areas and meet other community facility needs).

For example, the aforementioned development northwest of the subject site at 10 - 18 Grenville Street, built in 1995, exceeded both the height and density limits on the site. While the proposal was consistent with urban design and built form objectives for the area, it also provided a substantial on-site public benefit in the form of social housing which is consistent with achieving on-site public benefits when height and density increases are considered. The social housing benefit was secured through a legal agreement with the City.

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)Application

As discussed above with respect to affordable housing policy, the provision of market rental housing is not in itself a fact which justifies the increase in height and density which are requested. The market rents of the proposed units will exceed what is considered affordable rents. In lieu of on-site public benefits, staff have requested a financial contribution from the applicant which could be considered appropriate considering the value of the increase in height and density being requested and the cost of providing public benefits.

Public benefits being considered in association with this application are financial 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 would be a net benefit to the community, consistent with the intent of the Official Plan.

The applicant has argued that the provision of rental housing is, in itself, a public benefit. In addition, the applicant has offered two alternatives with attributable value:

(a)an offer to enter into an agreement with the City that 10 of the proposed 93 units will be rented for $200 less than the market rent for a period of 10 years; or

(b)a financial contribution of $150,000.

It is staff's view that the provision of market rental housing is not in itself a fact which justifies the increase in height and density which are requested. Furthermore, the applicant and staff have been unable to agree on the value relationship between the increase in height and density and the cost of providing a more reasonable and fair measure of public benefits. After consulting with the Director of Real Estate, staff have concluded that the values of the two alternatives offered by the applicant are not fair and reasonable, taking into account the existing Official Plan Section 37 provisions and other development approvals in the downtown.

Staff have considered the rent reduction alternative and are of the view that the rent reduction being offered on the 10 units would still not achieve affordable rent levels. As an alternative, the applicant has offered $150,000. Staff have requested a contribution of $500,000, which would be more representative of the value of the increase and the cost of providing some reasonable and fair measure of public benefits.

As there is a considerable gap between the positions of staff and the applicant, it is appropriate to present the option of accepting the applicant's offer to Council or refusing the application based on the inadequate nature of the Section 37 contribution.

Conclusion

This application has been evaluated on the basis of its consistency with the objectives and policies of the Official Plan. While the built form is acceptable and impacts of the proposed development have been mitigated, the increase in the height and density of the proposed development is substantial. In order for the increase in height and density to be acceptable, it must meet all the tests of good planning including the provision of a net community benefit. It is appropriate that Council only approve this application in concert with the provision of certain public benefits, pursuant to Section 37 of the Planning Act. The value of the increase in height and density and the cost of providing public benefits must have some fair and reasonable relationship.

The applicant has offered $150,000 in lieu of on-site public benefits. After consulting with the Director of Real Estate, planning staff have indicated that a value of $500,000 is more in keeping with the value of the increase in height and density and the cost of providing public benefits.

City Council is being asked to provide direction to staff on how to proceed with this application. Council can accept the applicant's offer or refuse the application on the basis that the public benefits package is insufficient.

Contact

Gregg Lintern

Senior Planner, South District, East Section

Community Planning Division

Telephone: (416) 392-7363

Fax:(416) 392-1330

E-mail:glintern@toronto.ca

Beate Bowron

Director, South District, Community Planning

(p:\1999\ug\uds\pln\to991941.pln)-tm

APPLICATION DATA SHEET

Confirmed Municipal Address:460 Yonge Street.

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	LDMCRA	Site Specific Provision:	No
Zoning District:	CR T3.0 C2.0 R3.0	Historical Status:	No
Height Limit (m):	18.0	Site Plan Control:	Yes

PROJECT INFORMATION

Site Area:	1760.1 m2		Height:	Storeys:		12
Frontage:	45.9 m			Metres:		44.9
Depth:	38.4 m
				Indoor		Outdoor
Ground Floor:			Parking Spaces:
Residential GFA:	9050.7 m2		Loading Docks:	1	G
Non-Residential GFA:	3164.6 m2		(number, type)
Total GFA:	12215.3 m2

DWELLING UNITS					FLOOR AREA BREAKDOWN
Tenure:	Rental				Land Use	Above Grade	Below Grade
1 Bedroom:	50				Residential	9050.7 m2
2 Bedroom:	25				Retail	3164.6 m2
3 Bedroom:	18
Total Units:	93

PROPOSED DENSITY
Residential Density: 5.14	Non-Residential Density: 1.80	Total Density: 6.94

COMMENTS

Status:

Preliminary Report dated April 20, 1998 adopted by TCC on May 7, 1998. Application revised February 05, 1999

Data valid:

February 05, 1999

Section:

CP South District

Phone:

392-7333

Appendix A

Comments from Civic Officials

1.Works and Emergency Services, dated June 24, 1999

Comments:

The proposal for the above-noted site, located at the south-west corner of Yonge Street and Grenville Street, was dealt with in a Departmental report to you dated July 22, 1998.

The project has been revised to, among other things:

-Increase the number of residential units from 88 units to 93 units;

-Indicate on the Site Plan Statistics that a 53.2 m2 garbage room and a 10 m2 recycling room will be provided;

-Provide double doors measuring 2.1 m in width, leading to the loading facility from each storage room;

-Provide a Type G loading space;

-Provide a concrete base pad with a slope not exceeding 2 per cent adjacent to the front of the Type G loading space for the storage of at least 3 compactor containers on collection day.

Parking

As a result of the increase in the total number of residential units, the estimated parking demand generated by this project has increased to 118 spaces, including 57 spaces for the exclusive use of the residents and 61 spaces for the shared use of the residential visitors and the non-residential components of the project. As far as can be ascertained the Zoning By-law requires the provision of 57 parking spaces for the residential component, whereas, no spaces are required for the non-residential component of the project.

As set out in the previous Departmental report, given the constraints imposed by the retention of the existing building, that the Zoning By-law does not require parking for the existing non-residential components of the project and recognizing the proximity of the site to public transit, the non-provision of parking for the non-residential components is acceptable. However, the 57 parking spaces required for the residents, must be provided, which can be leased off-site, within 300 m of the site and be surplus to the Zoning By-law requirements of the donor site. The location, layout, access arrangements and lease arrangements for the off-site parking spaces have not yet been provided and shown on a plan as previously requested.

Loading

The plans have been revised to show the provision of 1 Type G loading space, which is less than the estimated loading demand generated by the development for 1Type G, 1Type B and 1Type C loading spaces, based on the shared use of the loading spaces by the residential and non-residential components of the project, whereas, as far as can be ascertained, the Zoning By-law requires the provision of 1 Type G loading space to serve the residential component of the project. This Department has not yet received documentation outlining how the expected loading demands generated by this development will be accommodated utilizing the proposed loading area, as set out in the July 22, 1998 Departmental report.

Refuse Collection

A garbage storage room (undimensioned) and a separate recyclable materials storage room of 10 m2, designed with double doors leading to the loading facility have been shown on the plans and are acceptable. However, the plans should be revised to indicate the size of the garbage storage room.

The facilities required to facilitate City refuse collection, including a Type G loading space designed to permit trucks to enter and exit the site in a forward motion, as set out in the July 22, 1998 Departmental report has been provided and are acceptable. It is noted that trucks accessing the Type G loading space will be required to drive over a portion of the grating over the transformer vault, which is located at the rear of the loading space. This grating should be constructed to the requirements of the Ontario Building Code, to withstand the loads imposed by City bulk-lift loading collection vehicles and the owner must accept all liability for any damage that may be caused, through the regular use of the area by these vehicles.

As a result of the foregoing, Recommendation Nos. 1(e), 1(l) and 1(p) of the July 22, 1998 Departmental report should be revised as follows:

1(e)Provide and maintain a minimum of 57 parking spaces for the residents, which may be provided off-site, within 300 m of the subject site;

1(l)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 vehicle loading with impact factors where they are to be built as supported structures;

1(p)Submit revised drawings with respect to Recommendation Nos. 1(e), 1(f), 1(g) and 1(h) above, for the review and approval of the Commissioner of Works and Emergency Services;

and Recommendation No. 1(q) should be added as follows:

1(q)Construct the grating over the Toronto Hydro Transformer Vault, to applicable City standards to withstand truck traffic and accept all liability for any damages that may be caused to the grating through the regular use of the area by City garbage trucks, if applicable.

2.Works and Emergency Services, dated July 22, 1998.

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)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council:

(i)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development; and

(ii)a Noise Impact Statement in accordance with City Council's requirements;

(c)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;

(d)Provide, maintain and operate the material recovery and waste reduction and noise impact measures, facilities and strategies stipulated in the respective plans approved by the Commissioner of Works and Emergency Services;

(e )Provide and maintain a minimum of 52 parking spaces for the residents, which may be provided off-site, within 300 m of the subject site;

(f)Submit plans showing the location and configuration of the off-site parking spaces required in Recommendation No. 1(e) above, for the review and approval of the Commissioner of Works and Emergency Services;

(g ) Submit documentation identifying the loading demands generated by this project and how they will be accommodated, for the review and approval of the Commissioner of Works and Emergency Services;

(h)Provide and maintain a garbage room at least 20 square metres in size in the residential component of the project and install and maintain a stationary compactor unit, to City specifications, in the garbage room;

(i)Provide and maintain a room at least 10 square metres in size to drop-off and store recyclable material, separate from the garbage room;

(j )Provide and maintain a double door or an overhead door, totalling at least 2.1 m in width, leading to the loading facility from each storage room;

(k)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;

(l)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;

(m)Provide and maintain a level service connection between the garbage room and recycling room and the Type G loading space for the transporting of container bins;

(n)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading space for the storage of at least 3 compactor containers on collection day;

(o)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 building envelope plans, and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;

(p )Submit revised drawings with respect to Recommendation Nos. 1(e), (f), (h), (i), (j), (k) and (n) 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)Of the need to receive the approval of the Commissioner of Urban Planning and Development Services for the proposed canopy within the Grenville Street road allowance; and

(c ) Of the City's requirement for payment of a service charge associated with the provision of the City containerized garbage collection.

Comments:

Location

South-west corner of Yonge Street and Grenville Street.

Proposal

Construction of a 9 storey, 88-unit residential addition to an existing 2-storey commercial building which comprises 172.58 mē of retail space, 426.55 mē of bank space, 800.3 mē of restaurant space and 1,897.58 mē of office space. The commercial uses would be retained and the residential units would be rental housing.

Parking and Access

No parking is currently provided on-site and none are proposed in conjunction with this project. The estimated parking demand generated by this project, is 109 spaces, including 52 spaces for the residents and 57 spaces for the shared use of the residential visitors and the non-residential components of the project. The preliminary Zoning By-law Review Notice indicates that 57 spaces are required under the provisions of the Zoning By-law for the residential component, whereas, none are required for the non-residential components of the project. While the parking demand generated by the existing commercial uses would appear to be accommodated in the public parking facilities in the area, it is not clear how the parking demand generated by the residents of this project will be accommodated.

Given the constraints imposed by the retention of the existing building, that the Zoning By-law does not require parking for the existing non-residential components of the project, and recognizing the proximity of the site to public transit, the non-provision of parking for the non-residential components is acceptable. Also, the provision of residential visitor parking off-site would not be practicable, although a variance to the visitor parking requirements of the Zoning By-law would be required. However, the 52 parking spaces required for the residents must be provided, which can be leased off-site, within 300 m of the site and be surplus to the Zoning By-law requirements of the donor site. The location, layout, access arrangements and lease arrangements for the off-site parking spaces should be provided and shown on a plan.

Lane Widening

The abutting 5.49 m wide north-south lane is a substandard commercial public lane, which ultimately should be widened to a minimum of 6 m in accordance with City Council standards. Given that the existing building to be retained extends to the east limit of the lane, it is not practicable to require a lane widening in this instance.

Loading

The plans show the provision of one Type B loading space at the west limit of the site, with direct access from the abutting public lane. This is less than the estimated loading demand generated by the development for one Type G, one Type B and one Type C loading spaces, based on the shared use of the loading spaces by the residential and non-residential components of the project, whereas, as far as can be ascertained, the Zoning By-law requires the provision of 1 Type G loading space to serve the residential component of the project. Negative impacts on the abutting street could result if the loading demand generated by this project is not satisfied on site. In this regard, the owner must submit documentation outlining how the expected loading demands generated by this development will be accommodated utilizing the proposed loading area. As discussed below, a Type G loading space is required to qualify for City bulk lift refuse collection.

Refuse Collection

Residential developments of this size are typically serviced by the bulk lift method of refuse handling and disposal, in accordance with the Municipal Code, Chapter 309, Solid Waste. This requires, among other things, the provision of a Type G loading space and sufficient manoeuvring area for trucks to safely enter and exit the site in a forward motion, and the provision of the following facilities:

- a garbage room with a minimum size of 20 mē, equipped with a stationary compactor;

- a recyclable materials storage room with a minimum size of 10 mē;

- a service corridor linking the retail component with the garbage and recyclable storage rooms;

- a Type G loading space located on site and designed such that garbage trucks using the loading space are able to enter and exit the site in a forward motion; and

- a concrete pad adjacent to the front of the Type G loading space for the storage of 3 container bins on collection day.

The existing Type B loading space must be enlarged to the dimensions of a Type G loading space. This will require the existing building to be retrofitted. The plans show the provision of a 26.08 mē garbage storage room and a separate 8.35 mē recyclable materials storage room. The size of the recyclable materials storage room is insufficient to accommodate the amount of recyclable materials generated by the residential component of this project. The compactor required in the garbage storage room must be compatible with the charger door on the City's bulk lift containers. The dimensions of the charger door are 91.44 cm horizontally and 72.39 cm vertically and the compaction level of the unit should not exceed 800 p.s.i.

The refuse generated by the non-residential components of this project will exceed the volume limits set out in the Municipal Code, Chapter 309, Solid Waste, and therefore, must continue to be collected by a private refuse collection firm. Furthermore, it is necessary for the owner to submit a material recovery and waste reduction plan to this Department for review and approval, the details of which are set out below.

It is the policy of City Council to levy a service charge on all new developments, payment of which is a condition for receiving City containerized garbage and recycling collection. The levy is currently $34.50 per month, including taxes, multiplied by the number of garbage containers on site. The levy includes the provision and maintenance of City garbage and recycling containers. Should the owner choose to provide private garbage containers, the levy will still be charged and the containers must meet City specifications and be maintained privately at the expense of the building owner. Further information regarding the above can be obtained by contacting the Operations and Sanitation Division at 392-1517.

Material Recovery and Waste Reduction

The owner is required to submit a Material Recovery and Waste Reduction Plan with respect to the commercial component of this development which will include:

(a)A description of the waste composition which is generated by the commercial component of this development and the quantity of each category of waste material;

(b)A description of the policies, programmes, processes and equipment which are in place to carry out material recovery and waste reduction;

(c)The amount of space provided to store and/or process recovered materials; and

(d)Separate accommodation for the recovery, safe storage and disposal of hazardous waste, if any.

The owner is advised that staff of the Operations and Sanitation Division (telephone no. 392-1040) will assist in the format and content requirements in the preparation of the plan.

Municipal Services

The existing water distribution and sanitary sewer systems are adequate to serve this

development.

Encroachments

The existing encroachments on Grenville Street are covered by an agreement registered on April 2, 1990, as Instrument No. CA83623. The project includes the installation of a canopy which will encroach onto the Grenville Street road allowance and, as a result, will require the submission of a separate application to your Department.

Work within the Road Allowances

Approval for any work to be carried out within the street allowances must be received by this Department.

3.Urban Planning and Development Services (Buildings), dated March 10, 1999.

Our comments concerning this proposal are as follows:

Description: Construct 10 storey addition

Zoning Designation: CR T3.0 C2.0 R3.0Map:50H 323

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

Plans prepared by: Climans Green Liang Architects Inc.Plans dated: February 5, 1999

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.

1.The by-law requires a minimum of 63 parking spaces be provided. The number of proposed parking spaces is 0. (Section 4(5)(b))

2.Bicycle parking spaces have not been provided in the following proportion: 56 bicycle parking spaces for the occupants of the building and 14 bicycle parking spaces for the visitors of the building. (Section 4(13)(c))

3.The by-law limits the maximum combined non-residential gross floor area and residential gross floor area to not more than 3.0 times the area of the lot: (5,280.27) square metres. The proposed building has 12,215.27 square metres of combined non-residential gross floor area and residential gross floor area. (Section 8(3) PART I 1)

4.The by-law limits the maximum residential gross floor area to not more than 3.0 times the area of the lot: (5,280.27) square metres. The proposed residential gross floor area of the building is 9,050.71 square metres. (Section 8(3) PART I 3(a))

5.The by-law requires the building to be within the 44 degree angular plane projected over the lot from an elevation of 16 metres over the street line. The proposed building penetrates the angular plane. (Section 12(2) 260(ii))

6.The maximum permitted height of 18.0 metres is being exceeded. Proposed is 44.88 metres. (Section 4(2)(a))

7.The minimum required 5.5 metre setback from the south lot line has not been provided. Proposed is 4.36 metres and 5.16 metres.

Other Applicable Legislation and Required Approvals

1.The proposal requires Site Plan approval under Section 41 of the Planning Act.

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

3.The proposal DOES NOT require City Council's approval pursuant to the provisions of the Rental Housing Protection Act, 1989.

4.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

5.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.

4.Toronto Transit Commission, dated March 17, 1998.

It is noted that the Yonge subway line is adjacent to the subject site. It will, therefore, be necessary for the developer to obtain approval of 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

-monitoring program to measure any subway structure movement

Subsequent approval of the foregoing development is subject to any conditions that may be specified to the applicant by Mr. Garisto.

Please inform the applicant that the Commission will not accept responsibility for the effects of transit operations on the building or its occupants. Since noise and vibration may be transmitted from street traffic and from our transit operations, the developer should apply attenuation measures so that the levels of noise and vibration in the proposed development will be at the lowest level 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 intrusions and the fact that the TTC accepts no responsibility for any such affects.

5.Toronto Catholic School Board, dated April 28, 1998.

Please be advised that students emanating from the above-noted development could be accommodated in permanent facilities at Our Lady of Lourdes Catholic School (JK-8) and the proposed Marshall McLuhan Catholic Secondary School.