STAFF REPORT

November 16, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Final Report on Application No. 197029 for an Official Plan Amendment and Rezoning Application to amend the current planning approvals for Nos. 532, 560, 566, and 570 Bay Street, 101, 109, 111, 127, 129, 131, 137, and 141 Dundas Street West, 91, 99, 105, and 111 Elizabeth Street, and 9 Foster Place

(Downtown)

Purpose:

To report on an application to repeal the current site specific Official Plan Amendment and Zoning By-law and the existing Section 37 Agreement for the subject lands. The new proposal is to permit a mixed use development containing an increased amount of residential floor area while decreasing the amount of non-residential floor area.

Financial Implications and Impact Statement:

Approval of an earlier application on this site gave the City the right to secure lands municipally known as 9 Foster Place and 91 Elizabeth Street for use as a public park through agreements registered on title. The recommendations contained in this report would continue to secure these lands for the municipality.

Recommendations:

It is recommended:

1. That the City Solicitor be requested to submit draft by-laws, in consultation with the Commissioners of Urban Planning and Development Services and Works and Emergency Services, to amend the Official Plan and Zoning By-law of the former City of Toronto, as it affects Nos. 532, 560, 566, and 570 Bay Street, 101, 109, 111, 127, 129, 131, 137, and 141 Dundas Street West, 91, 99, 105, and 111 Elizabeth Street, and 9 Foster Place, all as shown on Figure 1, so as to:

(a) repeal By-laws 169-93 and 170-93, amendments to the Official Plan and Zoning By-law respectively;

(b) define the lot as including the same lands as set out in By-law 170-93;

(c) limit the total floor area on the lot to 66,410 m2, where the floor area on the individual parcels does not exceed the following amounts:

Parcel A - 20,000 m2;

Parcel B - 23,000 m2;

Parcel C - 29,000 m2;

(d) provide for height limits on the individual parcels as follows, subject to any applicable angular plane requirements (Section 12(2)260); in the case of Parcels A and B, the height limit would be drawn along a line from a height of 43 metres at Foster Place, moving higher on a diagonal to a height of 49 metres along Dundas Street West:

Parcel A - 43 metres;

Parcel B - 49 metres;

Parcel C - 76 metres;

(e) limit the amount of total gross floor area on the Toronto Hydro lands which form part of the subject lot to 2, 749 m2 of non-residential gross floor area;

(f) require that 30 % of the dwelling units be provided as "affordable units" based upon the following maximum size limits:

Bachelor/one bedroom dwelling unit - 62 m2;

Two bedroom dwelling unit - 82 m2;

Three bedroom dwelling unit - 98 m2;

(g) require that the 30% affordable housing requirement set out in recommendation (f), be determined upon each application for the construction of new dwelling units; and

(h) provide for a Section 37 Agreement so as to secure:

(i) the affordable dwelling units based upon the dwelling unit size referred to in recommendation 1(f) above;

(ii) the existing Section 37 Agreement provisions relating to the park at 91 Elizabeth Street and 9 Foster Place (lot B);

(iii) a public art contribution;

(iv) sidewalk and street improvements;

(v) pedestrian walkways within the development; and

(vi) decorative fencing around the Toronto Hydro site.

2. That Council proceed with the historical designation of the Terauley Street Hydro Substation located at 532 Bay Street.

Background:

Site

The site is located at the south-west corner of Bay Street and Dundas Street West. It comprises the majority of the block behind City Hall, but excludes the building at 121 Dundas Street West, the Toronto Hydro Terauley Street Substation at 532 Bay Street, and several small parcels behind City Hall which are owned by the City. The applicant's lands are used as a surface parking lot.

Previous Approval

In its Order dated March 10, 1993, the Ontario Municipal Board approved By-laws 169-93 and 170-93 which amended both the Official Plan and Zoning By-law for the former City of Toronto to permit a mixed-use development on this site. These by-laws limited the total floor area on the site to approximately 79,862 square metres, of which 55,069 square metres could be residential. The by-laws also required the owner to provide several public benefits, which were secured through an agreement authorized under Section 37 of the Planning Act.

These public benefits included:

(a) demolition of the buildings, soil remediation, and conveyance to the City of 91 Elizabeth Street and 9 Foster Place;

(b) provision of social housing to a level equal to 25 % of the number of residential dwelling units;

(c) payment of $440,000 for parkland improvements for 91 Elizabeth Street;

(d) a public art contribution;

(e) sidewalk and streetscape improvements;

(f) construction of pedestrian walkways within the development;

(g) the demolition of 111 Elizabeth Street; and

(h) construction of decorative fencing around the Toronto Hydro site.

Current Application

The site has been sold to a new owner who wishes to develop the block with a project having a larger residential component, and a different built form than permitted by the current site specific Official Plan and Zoning Bylaw. Amendments are required to revise the floor area limits related to commercial and residential uses, and the height envelopes assigned to defined portions of the block. The total density and overall height of the development will be reduced.

No site plan approval application has been filed at this time. The applicant has requested the approval of building envelope controls (e.g. height limits, setback requirements, angular plane controls etc.) with specific design details of the individual buildings to be subject to future site plan approval applications and Statements of Approval/Undertakings.

In general terms, the applicant is proposing buildings facing onto Bay Street, Dundas Street and Elizabeth Street. A central landscaped courtyard would be created to provide access and views through the block. A glass galleria is anticipated, running east/west and connecting Bay and Elizabeth Streets. Street related retail uses would be provided along the street frontages.

Reasons for the Application

Amendments are required to both the Official Plan and the Zoning By-law as the proposed floor area limits and building height envelopes do not reflect those permitted under the site specific by-laws or the underlying Official Plan and zoning designations. The pooling of density on specific portions of the site results in densities exceeding those permitted on specific portions of the site. However, the total density permitted over the site generally complies with the limits set out in the Official Plan.

The applicant is also seeking a release from the social housing requirement currently secured through the registered Section 37 Agreement.

Existing Planning Controls

Three different Official Plan designations apply to the site (see Map 1). The zoning also includes three different land use and height designations (see Key Map and Map 2).

The site specific Official Plan and Zoning By-law amendments, By-laws 169-93 and 170-93 respectively, allow for increased height and density beyond the Official Plan and zoning limits.

Purchase of Density from Toronto Hydro Lands

There are a number of agreements between the owners and Toronto Hydro regarding the purchase of density from the Hydro substation. Under these agreements the owner is entitled to use all of Hydro's useable excess residential and non-residential gross floor area. This amounts to approximately 20,000 m2 (215,000 ft2). The density was purchased in the late 1970's.

The agreements impose a number of design constraints on the applicant's buildings. These include prohibition of windows facing any boundary between the applicant's lands and the Hydro substation below a height of 22.9 metres; a minimum building setback of 3.3 metres from Hydro's property; and Toronto Hydro retains a right to withhold approval of the applicant's plans.

Comments:

Definition of Lot

The site is very large and is subject to several zoning categories. Although there is no intention to construct on the Hydro lands, the Toronto Hydro substation is defined as part of the subject lands in the site specific bylaw. This permits the construction of density originally attributed to the Hydro property on other portions of the block, without initiating a density transfer. This provision will continue in the proposed bylaw.

Floor Area

The general zoning provisions allow for just over 66,000 m2 of total floor area. With the exception of the south-west corner of the property, which is zoned CR T6.0 C6.0 R 3.5, the bulk of the site can be used almost exclusively for residential density, except where street related retail uses are required.

The application before Council proposes a reduction of about 15,000 m2 in the density permitted under site specific By-law 170-93. This reduction would result in a density limit of 66,407 m2, which is approximately equal to the amount permitted under the general zoning by-law across the entire site (including the Hydro lands).

However, all of the new construction would be on the non-Hydro lands. The current site specific by-law restricts the Hydro lands to a total of 2,749 m2 of non-residential gross floor area to reflect the "transfer" of approximately 20,000 m2 to the remainder of the site. I am recommending that the proposed site specific by-law include a similar provision.

In some instances, the current proposal exceeds the density limits which apply to individual parcels under the site specific provisions. However, depending on the final resolution of site plan details, the total amount of floor area proposed over the entire site would be equal to, or slightly less than the total currently permitted. I am recommending that a revised site specific bylaw be prepared to accommodate the revised distribution of floor area.

Built Form/Height

Several built form objectives affect this site. They include the deployment of building mass across the site, the creation of acceptable street edge conditions, establishing appropriate sun/shadow angles along Bay and Elizabeth Streets, and securing the view corridor projected north between the towers of City Hall. The proposed massing scheme is shown in a conceptual manner on the drawing attached to this report (see Map 4). As noted earlier, specific design issues will be dealt with once a site plan application has been filed. At this time, it is critical that the proposed bylaw define acceptable future building envelopes by establishing appropriate height limits, building setback conditions, and angular plane requirements.

The proposed building envelopes are slightly lower than those approved in By-law 170-93. The new height limits on Parcels A and B increase as the distance north from Foster Place increases to reflect the angular plane created by the two towers of City Hall. No exemption to the sun and shadow requirements along Elizabeth Street and Bay Street is recommended.

Section 37 Agreement

A Section 37 Agreement, signed as part of the previous proposal, is currently registered on title and it secures several benefits for the City. The owners are bound to comply with its provisions; however, as part of the current rezoning application, the owners have requested that the Agreement be rescinded.

In my preliminary report on this application, it was noted that this proposal required Official Plan and zoning amendments to permit height and density increases on portions of the site. Under the provisions of the Official Plan, these increases in height and density would permit the use of a Section 37 Agreement. However, given the overall density reduction on the site, the report also indicated that it was appropriate to consider a revised Section 37 Agreement.

Accordingly, I am recommending that the current requirement to provide 25% of the dwelling units as "social housing" be deleted. Social housing, as defined in the agreement, reflects the definition contained in the City of Toronto Act. That definition refers to housing provided under a government sponsored funding program. Since none of these programs have existed for several years, it is appropriate to delete this condition. In place of the social housing requirement, the owner has agreed to provide 30% of the units as being "affordable", based upon their size. These standards are as follows:

Bachelor/one bedroom dwelling units - 62 m2

Two bedroom dwelling units - 82 m2

Three bedroom dwelling units - 98 m2

It is recommended that this unit mix be secured through the proposed Zoning By-law amendment. In order to ensure that the affordable units would come to market as the phased development of the site occurs, it is recommended that the size requirement be applied to each application for a residential building.

The current Section 37 benefits related to the park at 91 Elizabeth Street and 9 Foster Place require the owner to provide the land, free of buildings and with the soil remediated (if necessary). The owner is required to secure approval for and construct a park with the construction costs not to exceed $440,000.00. I am recommending that these requirements be retained. The applicant has indicated in writing that they will accept the provisions of the existing Section 37 Agreement as it relates to the park including the contribution towards the development costs of that parcel.

The other public benefits being retained, include the following:

- a public art contribution

- sidewalk and street improvements

- pedestrian walkways within the development

- decorative fencing around the Toronto Hydro site

City Legal staff have advised that the applicant will be required to sign the Section 37 Agreement prior to the introduction of Bills to Council implementing the recommendations of this report.

City Hall Annex

On February 18, 1998, Toronto Community Council considered the Preliminary Report on this application. At that time, Toronto Community Council requested a report on how the proposed development would relate to the then proposed Civic Centre Complex. The applicant's solicitors requested that the processing of their application be suspended until "either more is known about the future potential expansion of City Hall or until our clients advise you that they wish to continue with the application".

The applicants have now requested that consideration of the application proceed in advance of finalisation of plans for the possible expansion of City Hall.

Historical Designation

As part of the previous application, Heritage Toronto had recommended that the Toronto Hydro Terauley Street substation be designated as an historical structure. The applicant agreed to assist in seeking the co-operation of Toronto Hydro in having the substation designated. To date, Toronto Hydro has not agreed to the designation request. I am therefore recommending that discussions with Toronto Hydro continue.

Conclusions:

The applications are for a smaller project than was approved in 1993. The previous proposal included a larger amount of commercial space, while the current application is primarily a residential project. The proposal will comply with urban design objectives including the provision of street related retail uses, view corridors and building height and setback conditions. I am recommending that the Official Plan and Rezoning applications be approved as set out in the recommendations of this report, and that the current Section 37 Agreement be rescinded and replaced with a revised Section 37 Agreement which implements the requirements set out in this report.

Contact:

Rollin Stanley

Senior Planner

Telephone: 392-0424

Fax: 392-1330

E-Mail: rstanley@toronto.ca

Beate Bowron

Director, Community Planning, South District

(p:\1999\ug\uds\pln\to992038.pln) - smc

197029

List of Attachments:

Application Data Sheet

Maps (1-5)

APPLICATION DATA SHEET

Confirmed Municipal Address: 532, 560, 566, 570 Bay Street; 101, 109, 111, 127, 129, 131, 137, 141 Dundas Street West; 91 , 99, 105, 109, 111 Elizabeth Street and 9 Foster Place.

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	HDMCRA; MDMCRA	Site Specific Provision:	169-93; 170-93
Zoning District:	CR T7.8 C4.5 R7.8; CR T4.0 C2.0 R4.0; CR T6.0 C6.0 R3.5	Historical Status:	532 Bay St. Listed
Height Limit (m):	14.0; 30.0; 61	Site Plan Control:	Yes

PROJECT INFORMATION

Site Area:	10172.0 m2		Height:	Storeys:
Frontage:				Metres:		43.00, 76.00
Depth:
				Indoor		Outdoor
Ground Floor:			Parking Spaces:
Residential GFA:	58511.0 m2		Loading Docks:
Non-Residential GFA:	7895.0 m2		(number, type)
Total GFA:	66406.0 m2