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June 30, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Settlement Report: 1560 Yonge Street, 10 DeLisle Avenue and Parts of 22 and 26 DeLisle Avenue - Application No. 197004 for Official Plan and Zoning By-law amendments and Site Plan Approval to permit a residential complex containing 240 dwelling units and a commercial parking garage, upon revised application filed June 11, 1998 by Delisle Court Redevelopment Corporation, 30 St. Clair Avenue West, Suite 1404, Toronto, Ontario M4V 3A1. (Midtown)

Purpose:

To recommend that the City Solicitor be authorized to settle, at the Ontario Municipal Board, appeals made with respect to Official Plan and Zoning By-law Amendments and Site Plan Approval Application No. 197004 for 1560 Yonge Street, 10 DeLisle and parts of 22 and 26 DeLisle Avenue, substantially in accordance with this report.

Source of Funds:

Not applicable.

Recommendations:

It is recommended:

1.That the City Solicitor seek approval of the Official Plan and Zoning By-law Amendments and Site Plan Approval (Application No. 197004) for 1560 Yonge Street, 10 DeLisle and parts of 22 and 26 DeLisle Avenue, at the Ontario Municipal Board, substantially in accordance with Recommendations 2, 3 and 4 of this report.

2.That the former City of Toronto's Official Plan be amended for the lands known in the year 1999 as 1560 Yonge Street and 10 DeLisle Avenue and parts of 22 and 26 DeLisle Avenue, substantially as set out below:

See Map 18.___ at the end of this Section.

Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands indicated on Map __, to permit the erection and use of a mixed use building, provided that:

(a)the total gross floor area does not exceed 31,250 square metres, of which the maximum non-residential gross floor area does not exceed 6,920 square metres and the maximum residential gross floor area does not exceed 24,330 square metres;

(b)not less than 25 percent of the units erected or used on the site shall be "low end of market";

(c)the owner is required by by-law pursuant to Section 37 of the Planning Act:

(i)to provide funds in the amount One Hundred Thousand Dollars ($100,000), in the form of a certified cheque or letter of credit, prior to the issuance of a building permit, to be used by the City to retain a qualified transportation consultant to undertake a neighbourhood traffic study of the Yonge Street/St. Clair Avenue area, and for the installation of any mitigating measures recommended by the consultant and approved by the Commissioner of Works and Emergency Services, in consultation with the local Councillors; and

(ii)to provide a minimum of 50 interim public parking spaces at all times during construction, on site or within 300 metres of the site.

(d)the owner enters into an agreement to secure the facilities, services and matters required under subsection (c), and the agreement is registered on title to the lands shown on Map __.

For the purpose of this Official Plan amendment "low end of market" means dwelling units which are subject to the following size restrictions:

(i)the maximum residential gross floor area for a bachelor or one-bedroom unit shall be 70 square metres;

(ii)the maximum residential gross floor area for a two-bedroom unit shall be 90 square metres; and

(iii)the maximum residential gross floor area for a three-bedroom unit shall be 98 square metres.

3.That the former City of Toronto's Zoning By-law 438-86, as amended, be amended as it affects the lands known as 1560 Yonge Street and 10 DeLisle Avenue and parts of 22 and 26 DeLisle Avenue, shown on Map 1, so as to:

(a)exempt the site from Sections 4(2)(a), 4(4)(b), 4(10)(a), 6(1)(a), 6(3) Part I1, 6(3) Part II 2 (iii), 6(3) Part II 3 G, 6(3) Part II 6, 6(3) Part II 4, 6(3) Part II 5 and 6(3) Part III 1(a);

(b)permit the maintenance and use of the existing building as shown on Map 1 as "Existing Building" and the erection and use of an addition of a residential tower and below grade commercial garage provided that:

(i)the lot on which such building is to be erected or used comprises at least the lands shown delineated by heavy lines on Map 1 attached to this report;

(ii)no part of the building above grade extends beyond the area shown on Map 1 attached to this report;

(iii)the height of the building does not exceed the heights shown on Map 2 attached to this report;

(iv) the total gross floor area does not exceed 31,250 square metres, of which the maximum non-residential gross floor area does not exceed 6,920 square metres and the maximum residential gross floor area does not exceed 24,330 square metres;

(v)the building contains not more than 240 dwelling units;

(vi)a minimum of 3 dwelling units are located on the ground floor and are directly accessible form Heath Street West;

(vii)a minimum of 1 parking space for every 101 square metres of residential gross floor area are provided to serve the residential component of the project;

(viii)the commercial parking garage component of the development contains a maximum of 230 parking spaces and is operated by the Toronto Parking Authority;

(ix)not less than one Type G loading space and two Type B loading spaces are provided on the lot; and

(x)not less than 25 percent of the units erected or used on the site shall be "low end of market"

(c)Despite the provision of Section 4(2)a and Section 6(3) Part II of the aforesaid By-law No. 438-86, as amended, the density of residential uses and height would be increased subject to compliance with all the other requirements of By-law No. 438-86, as amended by this By-law, and pursuant to Section 37 of the Planning Act, in return for the provision by the owner of the lot of the following facilities, services or matters to the City, namely funds in the amount One Hundred Thousand Dollars ($100,000), in the form of a certified cheque or letter of credit, prior to the issuance of a building permit, to be used by the City to retain a qualified transportation consultant to undertake a neighbourhood traffic study of the Yonge Street/St. Clair Avenue area, and for the installation of any mitigating measures recommended by the consultant and approved by the Commissioner of Works and Emergency Services, in consultation with the local Councillors.

Provided that not less than 50 interim commercial parking spaces are provided on the lot or within 300 metres of the lot during the construction of the development operated by the Toronto Parking Authority and that this objective be secured to the satisfaction of the Commissioner of Urban Planning and Development Services and the City Solicitor.

For the purpose of this Zoning By-law amendment "low end of market" means dwelling units which are subject to the following size restrictions:

(i)the maximum residential gross floor area for a bachelor or one-bedroom unit shall be 70 square metres;

(ii)the maximum residential gross floor area for a two-bedroom unit shall be 90 square metres; and

(iii)the maximum residential gross floor area for a three-bedroom unit shall be 98 square metres.

4.That the plans and drawings submitted with this application, namely Plan Nos.

A101Site Plan

A201Entry Level (P1)

A202Underground Level (P2)

A203Underground Level (P3)

A204Underground Level ( P4 & P5)

date stamped as received on June 22, 1999, prepared by Rosario Varacalli, Burka Architects Inc.;

A3022nd Floor Plan

A3033rd Floor Plan

A3044th - 7th Floor Plans

A3058th - 10th Floor Plans

A30611th Floor Plan

A30712th - 13th Floor Plans

A30814th Floor Plan

A401Heath Street Elevation

A402Courtyard Elevation

A403DeLisle Ave. Elevation

A404Yonge Street Elevation

A501Section Through Service Ramp

date stamped as received on March 26, 1999, prepared by Rosario Varacalli, Burka Architects Inc.;

A301Ground Floor Plan

date stamped as received on June 4, 1999, prepared by Rosario Varacalli, Burka Architects Inc.;

LT1Tree Survey Plan

LT2Tree Preservation Plan

L1Layout and Grading Plan

L2Landscape Plan

L3Section/ Elevation

LD1City Details

LD2Details

date stamped as received on June 22, 1999, prepared by NAK Design Group Landscape Architects, all as on file with the Commissioner of Urban Planning and Development Services be approved and that as a condition of approval, the owner enter into an Development Agreement, under Section 41 of the Planning Act, prior to the issuance of the Board's Order, requiring that:

(a) Develop and Maintain Substantially in Accordance with Plans

(i)the proposed development, including the landscaping of the site, shall be undertaken and maintained substantially in accordance with the drawings referred to above;

(b) Garbage

(i)the owner shall provide and maintain a garbage room at least 40 mē in size in the residential component of the project and install and maintain a stationary compactor unit in the garbage room;

(ii)the owner shall provide and maintain a room at least 20 mē in size (or an alternative design which accommodates 3 bins plus manoeuvring room, to the satisfaction of the Commissioner of Works and Emergency Services) to drop off and store recyclable material, separate from the garbage room;

(iii)in the event that chute access to the recycle bins is proposed, the owner shall provide and maintain minimum vertical clearance of 140 cm over the glass/tin bin and 163 cm over the cardboard/paper bins;

(c) Loading

(i)the owner shall provide and maintain the loading facilities and signage, and operate the loading facilities in accordance with the "Loading Area Management Plan" contained in Attachment A of the Traffic Impact Study - Supplementary Information, March 1999, prepared by BA Consulting Group Limited;

(ii)the owner shall provide and maintain 1 Type G loading space on the site, with a minimum vertical clearance of 6.1 metres over the front 8 metres of the loading space, and with a generally level surface and access designed so that trucks can enter and exit the site in a forward motion;

(iii)the owner shall 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;

(iv)the owner shall construct all driveways and passageways providing access to and egress from the Type G loading space with a minimum width of 3.5 metres (4 metres where enclosed), a minimum vertical clearance of 4.3 metres and minimum inside and outside turning radii of 9 metres and 16 metres;

(v)the owner shall construct any decorative unit paver surface, to be used within any portion of the Type G loading space or area used to access the loading space, to applicable City standards to withstand truck traffic and indemnify the City against any damages that may be caused to any decorative unit pavers through the regular use of the area by City garbage trucks;

(vi)the owner shall provide and maintain a level service connection between the garbage room/recycling room and the Type G loading space for the transporting of container bins;

(vii)the owner shall 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 8 compactor containers on collection day, such concrete pad to be designed in a manner to facilitate efficient collection operations, while not interfering with truck ingress to or egress from the loading space;

(viii)the owner shall provide and maintain a minimum of 2 Type B loading spaces on the site;

(ix)the owner shall provide and maintain a minimum vertical clearance of at least 4.3 metres over the entire service driveway system;

(x)the owner shall provide and maintain access to the loading facilities so that all trucks can enter and exit the site in a forward motion;

(d)Parking

(i)the owner shall provide and maintain parking so as to comply with the parking requirements of the Zoning By-law, save and except for the visitor parking requirement, which can be accommodated in the commercial parking garage component of the project;

(ii)the owner shall provide and maintain a physical separation between the residential and commercial portions of the underground parking garage to secure the availability of the resident parking spaces;

(iii)at least one parking space for every 100 or fewer parking spaces required by the Zoning By-law shall be provided and be located generally as shown on above referenced Plans Nos. A201, A202, A203, and A204 and shall be clearly designated for the exclusive use by people with disabilities, by means of the International Symbol of Accessibility for the Handicapped;

(e) Access to Underground Parking

(i)the owner shall provide and maintain a minimum inside turning radius of 4.5 m, with a minimum outside turning radius of 7.9 m for one-way traffic and 11.3 m for two-way traffic, at all turns on the access ramp system;

(f)Landscaping

(i)the owner shall provide and maintain sufficient soil depth and loading bearing capacity above the roof slab of the underground garage to permit the installation and mature growth of all proposed plant material;

(g)Grading Plan

(i)the owner shall submit a grading and drainage plan for the review and approval of the Commissioner of Works and Emergency Services prior to the issuance of a building permit;

(h)Other

(i)the owner shall include a clause in the purchase or rental agreements informing prospective purchasers and lessees about the potential for noise and vibration intrusions and that the Toronto Transit Commission accepts no responsibility for any such effects;

(i)Pedestrian Walkways

(i)the owner shall provide and maintain within the development site a pedestrian walkway along the west lot line as shown as Public Walkway on Plan A101, date stamped as received on June 21, 1999, prepared by Rosario Varacalli, Burka Architects Inc., and that such pedestrian walkway shall:

(a)remain open and accessible to the public at all times between the hours of 6 a.m and 8 p.m. and such access may be refused, or a person may be required to leave the pedestrian walkway, in case of any person who:

(i)unreasonably interferes with the ability of other members of the public or lawful occupants to use the pedestrian walkway;

(ii)carries on unlawful activities;

(iii)acts in a manner unreasonably inconsistent with the intended use of the premises;

(iv)injures or attempts to injure any person, property or property rights;

(v)obstructs or injures any lawful business or occupation carried on by the building owner or person in lawful possession of the premises;

(vi)commits any criminal or quasi-criminal offence;

(b)be illuminated to a minimum average intensity of 10 lux on the pedestrian walkway surface during the time it is accessible to the public;

(c)be maintained clear of snow and ice at all times, during hours of operation;

(j)Bicycle Parking

(i)prior to the issuance of a building permit for the development, the owner shall have submitted to, and have approved by, the Commissioner of Urban Planning and Development Services, the location of bicycle parking facilities required by the Zoning By-law; and

(k)Residential Amenity

(i)prior to the issuance of a building permit for the development, the owner shall have submitted to, and have approved by, the Commissioner of Urban Planning and Development Services, the location of residential amenity space required by the Zoning By-law.

4.That the City Solicitor be authorized to prepare a Collateral Agreement between the City and the owner and that the owner enter into the Collateral Agreement, prior to the issuance of the Board's Order, requiring that:

(a)Transformer Vaults

(i)the owner shall 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)Improvements to public lands and sidewalks

(i)the owner shall be responsible for improvements to the public sidewalk/boulevard substantially in accordance with Plan Nos. L1 -Layout and Grading Plan, L2- Landscape Plan, L3- Section/ Elevation, LD1-City Details and LD2- Details date stamped as received on June 22, 1999, prepared by NAK Design Group Landscape Architects, as on file with the Commissioner of Urban Planning and Development Services;

(ii)the owner shall submit an application for such improvements to the Commissioner of Works and Emergency Services and carry out 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;

(c)Traffic Control

(i)the owner shall have a qualified Transportation Engineer certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the updated Traffic Impact Study;

(ii)the owner shall provide, maintain and operate the traffic management measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;

(d)Noise Impact Statement

(i)the owner shall submit to, and have approved by, the City, prior to a building permit, a Noise Impact Statement in accordance with City Council's requirements;

(ii)the owner shall have a qualified Architect/Acoustical Consultant certify, in writing, to the City that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the City;

(iii)the owner shall provide, maintain and operate the noise impact facilities and strategies stipulated in the plan approved by the City;

(e)Dust Control Plan

(i)the owner shall prepare a Demolition and Excavation Dust Control Plan and submit this plan to the Commissioner of Urban and Planning and Development Services for approval by the Medical Officer of Health, prior to the issuance of any building permit;

(ii)the owner shall implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health;

(f)Interim Public Parking

(i)the owner shall provide a minimum of 50 interim public parking spaces at all times during construction of the development, on site or within 300 metres of the site;

(ii)the owner shall submit to, and have approved by, the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of Works and Emergency Service, prior to an issuance of a building permit, an interim parking plan, as set out in the Section 10.4.7 of the Settlement Report; and

(iii)the owner shall provide, maintain and operate the interim parking facilities and strategies stipulated in the plan approved by the Commissioner of Urban Planning and Development Services.

5.That the owner shall submit to the Commissioner of Works and Emergency Services for site specific by-laws, prior to the Ontario Municipal Board hearing:

(i)a Reference Plan of Survey, in metric units and referenced to the Ontario Co-ordinate System delineating thereon by separate PARTS the portions of Premises Nos. 22 and 26 De Lisle Avenue to form part of the site; and

(ii)dimensioned plans of the development for the purpose of preparing site specific exemption by-laws, such plans to include final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

6.That City Council support, in principle, the demolition of the residential houses at 21 to 31 Heath Street West and the use of these lands as interim parking lots provided the matters set out in Section 10.4.6 of this report are satisfactorily addressed, if this property has been identified in the approved interim parking plan as a site on which interim parking is to be provided.

7. That the owner be advised:

(a)that the storm water run-off originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm run-off;

(b)of the need to submit a separate application to the Commissioner of Works and Emergency Services for any work within the abutting road allowance, including the construction of the access ramps, and that additional requirements may be imposed as a condition of approval of any plans for work within the road allowance;

(c)that the Commissioner of Works and Emergency Services may implement turn restrictions at the driveway exit from the parking garage to DeLisle Avenue during certain periods in the event that, in the opinion of the Commissioner of Works and Emergency Services, unacceptable operational problems occur on DeLisle Avenue;

(d)of the need to apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit;

(e)of the comments of the Commissioner of Economic Development, Culture and Tourism respecting City-owned trees;

(f)of the requirement to pay the Parks Levy in accordance with Chapter 165, Article I of the Municipal Code, prior to the issuance of a building permit; and

(g)of the comments of the Chief Building Official respecting the Ontario Building Code.

Comments:

1.0Applicant

Delisle Court Redevelopment Corporation, 30 St. Clair Avenue West, Suite 1404, Toronto Ontario, M2V 3A1.

2.0Appeal to Ontario Municipal Board

The applicant has appealed the Official Plan and Zoning By-law Amendments and Site Plan Approval application to the Ontario Municipal Board.

Two pre-hearings were held on March 15, 1999 and May 3, 1999, which, among other matters, identified the participants, issues to be considered and the starting date of the hearing. The full hearing is to begin August 4, 1999 and is scheduled for 12 days.

3.0Purpose

The purpose of this report is two-fold:

i)To seek City Council's endorsement of a settlement with the applicant for 1560 Yonge Street, 10 DeLisle and parts of 22 and 26 DeLisle Avenue, at the August 4, 1999, Ontario Municipal Board hearing. This would involve Official Plan and Zoning By-law amendments to permit an increase in height and density for the site and Site Plan approval.

ii)To indicate to City Council that I support the proposed development since, in my view, it represents an appropriate development for the site.

4.0Site and Surrounding Area

4.1Site

The site is located on the west side of Yonge Street, between Heath Street West and DeLisle Avenue. The 7,747 square metre (0.77 hectare) site is currently occupied by the Delisle Court shopping complex, the Toronto Parking Authority parking lot accommodating approximately 159 public parking spaces and the former manse for Calvin Presbyterian Church. A portion of the manse property was added to the site through a severance granted by the Committee of Adjustment on June 15, 1999 (Map No. 1).

4.2 Surrounding Area

To the north of the site, on Heath Street West, is Christ Church Deer Park. To the west along Heath Street West, are predominantly low density, 3 storey house form buildings. Immediately to the west of the site on DeLisle Avenue is Calvin Presbyterian Church. On the north side of DeLisle Avenue and west of the church there are two apartment buildings (10 and 11 storeys in height). To the south of the site is a house form building in commercial use and the DeLisle -St. Clair Parkette.

Further to the east, on the south side of DeLisle Avenue there are two recently approved but not yet constructed residential developments. The proposed development at 33 DeLisle Avenue is for a 10 storey, 153 residential condominium building and for 56-60 St. Clair Avenue and 55-61 DeLisle Avenue an 11 storey 159 residential condominium building.

The block directly south of the site forms the north-west quadrant of the Yonge-St. Clair commercial centre.

5.0Agreement with Parking Authority

The Toronto Parking Authority has determined that there is a parking shortfall of approximately 100 spaces in the Yonge /St. Clair Area. To address this shortfall the Authority entered into an agreement with Delisle Court Redevelopment Corporation to redevelop the parking lot and provide additional public parking in a below grade garage.

At its meeting held on July 19 and 20, 1993, City Council adopted Clause 47 of Executive Committee Report No.14, thereby approving a Letter of Intent between the Toronto Parking Authority and Delisle Court Redevelopment Corporation to lease the above grade rights of 10 DeLisle Avenue for a period of 99 years.

Due to the passage of time, the economic downturn in the demand for office space in the area and in response to opposition from local residents, it was necessary to propose certain amendments to the original transaction. City Council, on December 9 and 10, 1996 approved these amendments.

Under the amended agreement, the Toronto Parking Authority is to retain ownership of a portion of the parking garage (approximately 250 spaces or 3 levels) and is to sell the strata (air rights to 10 DeLisle Avenue) above the public parking garage as well as the 4th and 5th levels of the proposed garage. Delisle Court Redevelopment Corporation would construct the parking garage and the Toronto Parking Authority would pay for the cost of construction of the public portion being approximately 250 to 260 spaces. During construction of the development there is a requirement to provide 50 to 75 public parking spaces to be operated by the Toronto Parking Authority.

To address the traffic concerns, identified through this application and discussed in Section 10.5 of this report, the Toronto Parking Authority has agreed to reduce the number of public parking spaces required as part of the redevelopment of the existing surface parking lot (from 250 spaces to 230 spaces).

6.0Application History

This application has a long history and has gone through a number of modifications. To help understand the evolution of this application, a brief summary of the main events is provided below.

6.1Original Application

This application was originally filed January 31, 1997. The application was to maintain the existing Delisle Court shopping complex fronting on Yonge Street and to construct a residential apartment complex containing 269 units in two towers and a row of 11 townhouses all above an underground municipal parking garage. The proposed density of the project was 5.08 times the area of the lot. The two towers of 15 and 12 storeys would be functionally integrated with the existing 2 storey Delisle Court commercial building on Yonge Street and would extend over the roof of Delisle Court. The 11 townhouses were proposed along the north-west boundary of the site, fronting on a gated cul-de-sac which would have been accessed via Heath Street West. This internal roadway would have also provided access to the lobbies of both apartment buildings. A one way service lane situated directly west of the existing Delisle Court development was proposed to service the existing retail and proposed residential uses. The existing service bay off DeLisle Avenue would have been removed.

6.2Preliminary Report

A Preliminary Report (dated May 1, 1997) was submitted to the May 15, 1997 meeting of the City of Toronto Land Use Committee. The Preliminary Report set out design and development guidelines which were prepared in conjunction with the review of the Part II Plan and were intended to guide the physical re-development of the site.

6.3First Public Meeting

A Planning Advisory Committee public meeting was held in the community on June 10, 1997, to discuss the original application. Approximately 52 people attended that meeting.

6.4Revised Application

On June 11, 1998 a revised application was submitted. The proposal was modified to address concerns raised at the June 10, 1997 public meeting and to respond to the issues raised in the May 1, 1997 Preliminary Report. The revised application was to maintain the Delisle Court shopping complex and to construct an apartment building and underground parking garage on the existing surface parking lot. The gross floor area proposed was 26,332 square metres for a density of 4.5 times the area of the lot. The proposed building would have a height of 14 storeys along DeLisle Avenue and be terraced down to 3 storeys along Heath Street West.

The internal motor vehicle court previously proposed was eliminated to provide for a landscaped courtyard and a vehicle pick up/drop off area was introduced at the front entrance of the apartment building along DeLisle Avenue.

Access and egress to the residential and commercial parking garage would be from both Heath Street West and DeLisle Avenue. In this proposal 509 parking spaces would be provided: 251 would be operated as a commercial parking lot by the Parking Authority of Toronto; and 258 to serve the residential component of the development.

6.5Revised Preliminary Report

A Revised Preliminary Report (dated July 8, 1998) was submitted to the July 22, 1998 meeting of the Toronto Community Council.

6.6Second Public Meeting

A public meeting was held in the community on September 15, 1998, to discuss the revised application. Approximately 175 people attended that meeting. Issues raised at the meeting were: traffic; loss of surface parking; provision of public parking during construction; location of the garage entrance along Heath Street; the density, massing and height of the proposed building; the potential precedent that the proposal may set in the area; and that the Part II Plan review should be finished first.

6.7Residents Working Group

An informal working group made up of area residents was established by the local Councillors to try and resolve the issues raised at the public meeting. The working group met five times with the local Councillors, the applicant and City representatives. The main issues discussed were: the height, massing and shadow impacts of the proposed building; the location of entrances to the parking garage and loading area; the traffic impact from both the residential and commercial components of the development; the status of the City's area traffic study; the preservation of the existing oak tree on DeLisle Avenue; and the design of the proposed mid block pedestrian connection.

6.8Modifications to the Revised Application of June 11, 1998

In response to the concerns raised at the second public meeting, by the working group and by Civic officials, the applicant further revised the proposal as follows:

-the residential floor area has been reduced from 26,332 square metres to 24,326 square metres;

-the unit count has been reduced from 274 to 240 dwelling units;

-the number of commercial parking spaces has been reduced from 250 to 230;

-the massing has been altered to better articulate the building elevations, reduce shadow impacts and improve the relationship with house form building on Heath Street; and

-the applicant has secured a site for interim public parking during construction.

7.0Applicable Planning Controls:

7.1Official Plan

The Yonge-St. Clair Part II Official Plan designates the Delisle Court shopping complex (Yonge Street frontage) as "Yonge- St. Clair Commerce Centre - Sub Area 3". This designation permits residential uses and commercial uses up to a maximum total floor area of 4.25 times the area of the lot provided the residential floor area does not exceed 3.0 times the lot area and the commercial floor area does not exceed 2.0 times the lot area.

The Toronto Parking Authority parking lot and Calvin Presbyterian Church manse are designated as "Special Residence Area 'A'" in the Yonge - St. Clair Part II Official Plan. Under this designation, it is the policy of City Council that this area provide a transition between the adjacent Low Density Residence Area and the Yonge - St. Clair Commerce Centre. Within "Special Residence Area A" the Official Plan permits residential buildings with floor areas up to 2.0 times the lot area provided:

i)the housing is municipally sponsored;

ii)at least 50% of the units are made available for the purpose of senior citizens' housing;

iii)at least 50% of the land is made available as public open space along the Heath Street frontage;

iv)measures are taken to discourage additional traffic on Heath Street West; and

v)the public open space is not compromised by the vehicular traffic access and egress.

7.2Zoning By-law

The Delisle Court shopping complex (Yonge Street frontage) is zoned CR T4.25 C2.0 R3.0. This zoning permits residential uses and commercial uses up to a total floor area of 4.25 times the area of the lot provided the residential floor area does not exceed 3.0 times the lot area and the commercial floor area does not exceed 2.0 times the lot area. The height limit for this area is 30 metres (Map No.1).

The northern part of the parking lot is zoned R2 Z0.6. This zoning permits residential uses with floor area up to 0.6 times the area of a lot. The height limit for this area is 16 metres.

The southern part of the parking lot and the manse are zoned R2 Z2.0. This zoning permits residential uses with a floor area up to 2.0 times the area of a lot. The height limit for this area is 11 metres.

7.3Part II Official Plan Review

My department has recently completed a review of the Yonge- St. Clair Part II Plan. The draft Part II Plan and proposed changes were discussed at 2 open house meetings on May 18 and 20, 1999. It is anticipated that the final report on the Part II Review will be submitted to the Toronto Community Council for consideration in September.

The contemplated Part II policies generally reflect the conceptual design of the building recommended by this report.

7.4Site Plan Control

This development is subject to site plan control. The Site Plan Approval application has been appealed to the Ontario Municipal Board.

8.0Reasons for this Application

The proposed development requires amendments to both the Official Plan and Zoning By-law because:

(i)the proposed density of 4.05 times the area of the lot exceeds the maximum permitted in both the Official Plan and Zoning By-law;

(ii)the proposed height of the building exceeds the maximum permitted of 16 metres for the DeLisle Avenue frontage and 11 metres for the Heath Street West frontage; and

(iii)other zoning variances identified by the Chief Building Official and noted in Recommendation 3(a) of this report.

9.0Comments from Civic Officials:

The application has been circulated to Civic Officials whose comments are attached to this report as Appendix A.

The Commissioner of Works and Emergency Services has identified various requirements in respect to the provision of access, parking, loading and garbage handling facilities.

The Commissioner of Economic Development, Culture and Tourism has advised that the applicant is required to submit the necessary tree removal applications for the proposed removal of 4 privately owned trees and 5 City owned trees. The Commissioner has also required that an appropriate protection zone be established for the white oak located in front of Calvin Presbyterian Church.

10.0Planning Analysis:

10.1Land Use

The existing Part II Plan, approved in 1976, states that consideration should be given to use the publicly owned portion of this property as a resource for municipally sponsored housing, municipal short term parking and/or public open space.

With regards to the provision of municipally sponsored housing, it should be noted that currently there are no Federal or Provincial housing programs available to fulfill this objective. Therefore, the applicant will be required to provide 25 per cent of the dwelling units as "low end of market" units. The maximum size of these units would be 70 square metres for bachelor and one-bed room units, 90 square metres for two-bedroom units and 98 square metres for three-bedroom units.

As part of the development, it is proposed that 230 public parking spaces be provided, which are to be operated by the Toronto Parking Authority.

In regards to the requirement for public open space, the intent of the Official Plan was to provide additional open space within the Yonge/St. Clair area. Since the adoption of the Part II Plan additional public open space has been secured at the St. Clair DeLisle Parkette (19 DeLisle Avenue) and the open space surrounding Yorkminster Park Baptist Church. The proposed development will provide a publicly accessible mid block connection between Heath Street West and DeLisle Avenue.

10.2Density

The site has a split Official Plan designation, which would permit a maximum density of 4.25 times the area of the lot for the lands occupied by the existing commercial building (Yonge Street frontage) and a density of 2.0 times the area of the lot for the lands occupied by the parking lot. The current Official Plan designation would permit an approximate total floor area of 21, 815 square metres or 2.82 times coverage.

The site has three zoning designations which would permit a maximum density of 4.25 times the area of the lot for the portion of the lot occupied by the Delisle Court complex; 0.6 times the area of the lot for the north portion of the parking lot; and 2.0 times the area of the lot for the south portion of the parking lot. The current Zoning By-law provisions would permit an approximate total floor area of 18,359 square metres or 2.37 times coverage.

The proposed buildings would have a total floor area of 31, 250 square metres, comprised of 24,330 square metres of residential gross floor area and 6,920 square metres of non-residential gross floor area. The total density of the proposed project is 4.05 times the area of the lot; which exceeds the maximum density permitted by the Official Plan by 1.23 times coverage.

The density of the proposal generally reflects the surrounding context including the developments recently approved at 48-50 St. Clair Avenue West (33 DeLisle Avenue) and 56-60 St. Clair Avenue West and 55-61 DeLisle Avenue. The project at 48-50 St. Clair Avenue West, which was approved by the Ontario Municipal Board, is for a new 11 storey residential building with an overall density of 4.5 times the area of the lot. The project at 56-60 St. Clair Avenue West and 55-61 DeLisle Avenue, which was approved by City Council is for a mixed used building consisting of two 12 storey towers with an overall density of 4.5 times the area of the lot.

In addition, this site is located near the transportation node at Yonge and St. Clair (Yonge subway line and the St. Clair streetcar) and provides the opportunity to add to the housing stock with acceptable impacts on the surrounding neighbourhood.

10.3 Siting, Height and Massing

Of major concern to area residents has been the potential negative impact of high rise development abutting the low density area. The proposed building is designed so as to minimize negative impacts and make an appropriate transition from the Yonge/St. Clair commercial node and the residential neighbourhood. Members of the Residents Working Group approved of the proposed design.

10.3.1Siting

Between the original and revised applications the applicant concluded that the existing Delisle Court commercial building could not be built upon or over without the addition of major structural support. This would have meant that existing tenants would have had to move out during construction which could have a negative impact on the Yonge Street commercial strip. Consequently, this was not pursued (Figure No. 1).

The proposed residential building fronts onto both DeLisle Avenue and Heath Street West. The setbacks on both frontages are consistent with the setbacks of adjacent properties and thereby maintain the rhythm of buildings and open space along the street. The proposed building has been designed with an internal courtyard extending the open space pattern of back yards found through the rest of the block.

10.3.2Height

The highest portions of the proposed building are located on the eastern most portion of the site, forming an appropriate transition from the commercial node at Yonge St. Clair and the residential area to the west and north. Along the DeLisle Avenue frontage the building would have a height of 11 storeys which is consistent with existing and approved building heights along DeLisle Avenue. The 12th, 13th and 14th storeys are stepped back from DeLisle Avenue reducing their visual impact when viewed from the street. The building steps down from 14 to 13 to 11 to 7 to 3 storeys along Heath Street West. The 3 storey height is consistent with height of the existing buildings in the adjacent low density neighbourhood.

10.3.3Sun/Shade

The building steps down from the higher 14 storey element on DeLisle Avenue to the 3 storey element on Heath Street West. Shadow testing of the proposed building shows that the north sidewalk on Heath Street West will receive the desired minimum of 3 hours of sunlight at the equinox (September 21 and March 21).

10.3.4Massing

The building has been designed so that the massing reflects the character of adjacent development on both Heath Street West and DeLisle Avenue (Figure Nos. 2-5). The DeLisle Avenue frontage would contain a building edge which is similar to the scale and form of the existing and proposed apartment buildings along DeLisle Avenue. The main entrance and the drop-off/ pick-up area for the proposed building would be located off DeLisle Avenue. The Heath Street West frontage is proposed to be developed with a three storey building edge which is consistent with the low density residence area along Heath Street. The grade related units along Heath Street West would have entrances on the street (Figure No. 10).

10.4Parking and Loading

10.4.1Residential Parking

The Commissioner of Works and Emergency Services has reviewed the proposed parking supply for the residents of the project and finds it acceptable. The Commissioner advises that the provision of 266 spaces for the residents of this project satisfies the estimated parking demand of 194 spaces, based on the surveyed parking demand generated by the residents of condominium developments in the city. The proposed residential parking also complies with the Zoning By-law standard for apartment buildings containing 25 or more units of 1 parking space for every 102 square metres of residential gross floor area.

10.4.2Visitor Parking

For the proposed project, no parking spaces are proposed specifically for the use of visitors generated by the residential component of the development. Instead, the visitor parking demand is proposed to be accommodated in the Toronto Parking Authority parking garage.

The Commissioner advises the visitor parking generated by this project is estimated to be 33 spaces, whereas, the Zoning By-law requirement is for 60 spaces. The Commissioner further advises that the expansion of the commercial parking facility from 159 to 230 (a 71 space increase) with no increase in commercial floor area will result in a net gain in parking supply in the area, which would be available to the visitors to the proposed residential component of this project. On this basis, the Commissioner finds the accommodation of the visitor parking requirements of this project in the Toronto Parking Authority garage acceptable.

10.4.3Commercial Parking

The Part II Plan for Yonge-St. Clair states that it is the policy of Council to increase the number of municipally owned public parking spaces in the Yonge-St. Clair Planning District when it has been determined that there is an inadequate amount of spaces available for shoppers and visitors to the Yonge - St Clair Commerce Centre.

The Toronto Parking Authority has determined that there is a parking shortfall of approximately 100 spaces in the Yonge /St. Clair Area. To address this shortfall, the Authority has entered into an agreement with Delisle Court Redevelopment Corporation to redevelop the parking lot and provide additional public parking in a below grade garage.

The Toronto Parking Authority will operate 230 parking stalls for public parking. The Parking Authority lot will be located on the entry level and two upper levels of the parking garage and will incorporate enclosed pedestrian linkages to the Delisle Court commercial complex and the street level.

The public parking on the entry level of the garage will be operated as short term metered parking and can be accessed by motorists without having to go through the parking control area.

10.4.4Access to Parking Garage

The public and residential parking facility are accessed by two driveways (one on Heath Street West and one on DeLisle Avenue). These driveways are located approximately 75 metres from Yonge Street.

Parking control facilities are located well within the garage and vehicle queuing activity would occur within the site. Specifically, space for the storage of 15 vehicles is provided in advance of the control gate which represents a considerable improvement over the existing conditions, where the control gates are located at the property line.

There will be a significant improvement to the parking access and egress which will result in substantially better traffic conditions.

10.4.5Temporary Parking During Construction

The Yonge-St. Clair Part II Official Plan requires the provision of alternative short term parking during the period of construction of the project, when public parking is unavailable on the site. As part of the business arrangements with the Toronto Parking Authority the applicant is required to provide between 50 to 75 interim parking spaces during construction.

At this time the applicant has not provided the City with a interim parking plan. However, the applicant has indicated that they are looking at a number of options, including:

(i)constructing a temporary lot on 21-33 Heath Street West, which is the applicant's preferred option (discussed below in Section 10.8.2);

(ii)phasing the proposed development so interim parking could be provided on site, which is the applicant's least favoured option; or

(iii)leasing or acquiring spaces within 300 metres of the site.

10.4.6Heath Street Properties

In a letter dated June 21, 1999 the applicant's solicitor advised that 1360980 Ontario Limited has entered into an agreement of purchase and sale of the properties at 21, 23, 27 and 33 Heath Street West and that 1360981 Ontario Limited has entered into agreement of purchase and sale with the owner of the properties at 25 and 31 Heath Street West. (collectively know as the "Adjacent Lands").

The applicant is proposing to use the Adjacent Lands for interim parking during the construction of the Delisle Court lands. This would require the issuance of demolition permits for the existing houses on the Adjacent Lands, as well as the approval of a Site Plan Application.

It is standard practice that permission for the demolition of residential buildings be granted only when a building permit for a new structure has been issued. In this case, the replacement use would be a temporary parking lot, with residential redevelopment occurring at a later date. In principle I would support the demolition of the existing buildings provided:

-the existing building at 33 Heath Street West is not demolished at this time (as this building would help to create a buffer for the neighbouring properties to the west);

-the demolition permit would not be issued until a building permit had been issued for the Delisle Court project; and

-after the interim use ceases, the owner would be required to landscape the property unless an application for building permit for a new residential development has been made. The design of both the temporary landscaping and the residential development would be secured through the Site Plan Application. The obligation to landscape the property would be secured through a Letter of Credit.

It is the City's intention that if the interim parking lot is to be located on these properties it would only be permitted for a temporary period. The period in which the parking lot would be permitted to operate will be determined through the approval of the interim parking plan. The applicant will be required to close the interim parking facility in conjunction with the opening of the commercial parking facility on the subject site.

The proposed use of the Adjacent Lands as an interim parking lot and future residential development site has only been discussed on a preliminary basis and the applicant has yet to submit any plans for either use. In principle, I would be prepared to support the use of the Adjacent Lands as an interim parking lot provided it was operated by the Toronto Parking Authority. Further residential development would have to conform to the existing zoning or an application to amend the Zoning By-law and/or Official Plan would be required. The residential development would be required to have an appropriate relationship with the 3 storey element of the recommended building and the existing single family residences along Heath Street. Under no circumstance would I be prepared to recommend a development which would, by virtue of its density, siting, height or otherwise, have any potential to destabilize the properties immediately to the west. To date rowhouses have been generally discussed and considered appropriate.

10.4.7Interim Parking Plan

Given that an interim parking plan has yet to be formally submitted and the applicant has not finalized the arrangements for the interim parking, flexibility is required in the recommendations regarding this matter. I am recommending that prior to the issuance of a building permit the applicant submit an interim parking strategy to the satisfaction of the City, which is to include matters such as: the number of interim parking spaces; the time period during which the parking lot would be operational; the location of the spaces (on site or within 300 metres) and proposed signage to indicate the location of interim parking spaces.

I am also recommending that a minimum of 50 interim parking spaces be provided which is consistent with the arrangement with the Toronto Parking Authority that was approved by City Council previously.

10.4.8Loading

Currently, the Delisle Court commercial complex is served by one Type B loading bay located off DeLisle Avenue at the rear of the building. Trucks using this loading facility are required to back in from the public street thereby disrupting the traffic flow on DeLisle Avenue.

A new shared loading facility is proposed to serve the needs of the commercial complex and the new residential building. The loading facilities incorporate 3 Type B and 2 Type G loading spaces and separate refuse handling facilities. The loading facility is accessed off a service driveway extending between DeLisle Avenue and Heath Street West, which allows all truck manoeuvring activities to occur off street (Figure No. 6).

The Commissioner of Works and Emergency Services has reviewed the proposed loading arrangement for the project and finds it acceptable. The Commissioner advises that the provision of 3 Type B and 2 Type G loading spaces satisfies the estimated demand generated by this project for 2 Type B and 1 Type G loading spaces.

The Commissioner notes that the northernmost Type G and Adjacent Type B loading space cannot be used simultaneously. The Commissioner advises that given that the supply of loading spaces exceeds the estimated loading demand, this arrangement is acceptable.

The Commissioner advises that the Loading and Management Plan contained in the Traffic Impact Study is satisfactory and that the owner will be required to operate the loading facilities in accordance with this plan.

The proposed loading facilities will help resolve an existing neighbourhood concern related to the location of the servicing area for the Delisle Court Complex which regularly generates traffic problems at the east end of DeLisle Avenue.

10.5Traffic

10.5.1Existing Conditions

The Commissioner of Works and Emergency Services advises that the intersection of Yonge Street and DeLisle Avenue, which is an unsignalized "T" intersection that operates under "stop" control, is the critical element of the road network, insofar as this development project impacts on the operations of the abutting road network. The intersection operates under constrained conditions during peak hours, and is affected by congestion on Yonge Street and on-street loading operations on DeLisle Avenue.

10.5.2 Traffic Generation and Impacts

The Commissioner of Works and Emergency Services states that although it is recognized that the net additional traffic generated by this development to the Yonge Street/ DeLisle Avenue intersection is not, from strictly a volume perspective, a large amount (i.e. only 35 vehicles), the addition of any traffic to an already constrained condition is problematic, even for a short duration. He also indicates that lengthy delays and queues could result in forced driving habits which could create hazardous conditions for motorists, pedestrians and cyclists in the vicinity of the intersection. In order to address these concerns, the applicant has proposed to reduce the residential component of this project and the number of public parking spaces in order to minimize the impact of this development on the operations of the Yonge Street/ DeLisle intersection. The Commissioner advises the proposed changes would reduce the total 2-way traffic generated by this development from 145 to 125 vehicles during the p.m. peak hour, and the number of vehicles utilizing the Yonge Street/ DeLisle Avenue intersection from 35 to 25 vehicles.

The Commissioner further advises that even with the down-sizing of the development, and the resultant reduction in the traffic generated by this project, the Yonge Street/ DeLisle Avenue intersection is expected to continue to operate under constrained conditions. Consequently, the consultant has identified a series of area traffic and parking initiatives, which could address the operational difficulties at the Yonge Street/ DeLisle Avenue intersection. The Commissioner notes that some of these measures have area-wide implications that should best be addressed as part of an area-wide neighbourhood traffic study.

The Commissioner indicates that although the traffic generated by the proposed down-sized development would marginally impact the operations of the Yonge Street/ DeLisle Avenue intersection, it must be recognized that an as-of-right development of this site could have similar traffic implications. As a result, the applicant's consultant was requested to compare the traffic generated by as-of-right development versus the proposed development. The consultant determined that a development on this site, permitted under the current Zoning By-law provisions, would generate approximately 30 vehicles at the Yonge Street/DeLisle Avenue intersection. The consultant estimated that the proposed development would, in fact, generate less traffic at this location than what otherwise, could be generated by as-of-right development. The Commissioner concludes that, for this reason, and given the area-wide traffic study which will be undertaken to address neighbourhood traffic issues, the proposed development is satisfactory from a traffic perspective. Regardless, the Commissioner advises that should unacceptable traffic operations occur on DeLisle Avenue, turn restrictions may be imposed at the egress from the parking facility to DeLisle Avenue to prohibit outbound left turns during peak hour conditions.

10.5.3St. Clair Avenue/Yonge Street Traffic Study

The applicant's consultant has identified several area traffic and parking initiatives which could be implemented to address traffic operational issues in the north-west quadrant of the Yonge Street/ St. Clair Avenue intersection in general, and the Yonge Street/ DeLisle Avenue intersection, specifically.

The Commissioner of Works and Emergency Services advises that each of these measures, while possibly improving the operations of the Yonge Street/ DeLisle Avenue intersection, could have negative implications on the abutting residential areas, particularly with respect to the infiltration of transient traffic into the neighbourhood. Consequently, he did not recommend that any mitigating measures be implemented in conjunction with the construction of this development. Instead he recommended that these measures should be considered and evaluated in the context of the area-wide neighbourhood traffic study which his Department will be undertaking to address the traffic operational concerns of the residents in this area. In this regard, the Commissioner has required that the applicant contribute funds in the amount of $100,000 to be used by the City to retain a qualified transportation consultant to undertake this study and for the installation of any mitigating measures recommended by the consultant and approved by the Commissioner, in consultation with the local Councillors. Unused funds would be refunded to the applicant.

10.6Pedestrian Walkway

Currently the neighbourhood to the northwest uses the parking lot as an informal pedestrian route to the subway station. Likewise, the community to the southwest uses it as a route to Christ Church Deer Park. A number of residents have expressed an interest in maintaining this pedestrian connection. In response, the applicant is proposing a mid block pedestrian connection along the west property line, connecting Heath Street West and DeLisle Avenue (Figure No. 1). It is proposed that the mid block pedestrian walkway would remain open and accessible to the public at all times between the hours of 6 a.m and 8 p.m. This pedestrian connection will be secured through Site Plan Approval.

10.7Tree Removal

The Commissioner of Economic Development, Culture and Tourism has advised that the necessary tree removal applications for the proposed removal of 4 privately owned trees and 5 City owned trees have been made.

The Commissioner further advises that no objections have been received regarding the removal of the 4 privately owned trees and that he does not oppose the removal of the City owned trees..

To protect the white oak (84 cm diameter) located in front of Calvin Presbyterian Church, the proposed below grade portion of the building adjacent to the tree has been set back between 8 and 10 metres. The proposed protection zone is acceptable to the Commissioner.

10.8Section 37 Agreement

In order to address the concerns expressed by the Commissioner of Works and Emergency Services regarding traffic in the area, the applicant has agreed to provide a contribution of $100,000 from which an area traffic study and subsequent transportation improvements can be funded. This contribution will be secured by the use of a Section 37 Agreement. Further, the Section 37 Agreement will secure the provision of the interim public parking.

Conclusion:

This report recommends that City Council permit the development on 1560 Yonge Street, 10 DeLisle Avenue and parts of 22 and 26 DeLisle Avenue of a 14 storey mixed use development containing 240 residential units and having a total density of 4.05 times the area of the lot.

The proposed settlement represents an appropriate development which is being recommended because it:

-has been massed to be compatible with adjacent developments;

-provides grade related units accessible from Heath Street West;

-limits, local traffic impacts to those which would be expected to result from the as-of-right development of the site;

-includes provision for a $100,000 contribution for a local traffic study and transportation improvements;

-internalizes the loading activities of the existing commercial building and thus improves traffic flow on DeLisle Avenue;

-satisfactory improves queuing for the commercial parking;

-provides a net addition of 71 public parking spaces; and

-provides a mid block pedestrian connection between Heath Street West and DeLisle Avenue.

Representatives for the applicant have agreed to formally submit the revised application to the Ontario Municipal Board.

Contact Name:Gregory Byrne

City Planning Division, North Section

Telephone:392-0881

Fax:392-1330

E-mailgbyrne@toronto.ca

Beate Bowron

Director, Community Planning, South District

[p:\1999\ug\uds\pln\to991947.pln] - st

APPLICATION DATA SHEET
Site Plan Approval: Y Application Number: 197004
Rezoning: Y Application Date: January 29, 1997
O. P. A.: Y Date of Revision: June 22, 1999

Confirmed Municipal Address:1560 Yonge Street, 10 De Lisle Avenue and 22 De Lisle Avenue.
Nearest Intersection: Northwest corner of De Lisle Avenue and Yonge Street.
Project Description: To construct a 14-storey apartment building to an existing 2-storey retail building on Yonge St. and an underground municipal public parking garage.
Applicant:

De Lisle Court Corp.

30 St. Clair Avenue West #1404

927-0788

Agent:

De Lisle Court Corp.

30 St. Clair Avenue West #1404

927-0788

Architect:

BURKA Architects

201 - 4800 Dufferin Street

665-0722

PLANNING CONTROLS (For verification refer to Chief Building Official)
Official Plan Designation: Site Specific Provision: No
Zoning District: CR T4.25 C2.0 R3.0; R2 Z2.0; R2 Z0.6 Historical Status: No
Height Limit (m): 11.0; 16.0; 30.0 Site Plan Control: Yes

PROJECT INFORMATION

 

   
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