Draft By-laws - Official Plan Amendment and Rezoning
- 1115 and 1121 Bay Street (Downtown)
The Toronto Community Council recommends that
(1)the Draft By-laws attached to the report (July 5, 1999) of the City Solicitor be approved and that authority be
granted to introduce the necessary bills in Council to give effect thereto substantially in the form of the by-laws
attached to the report, which introduction is subject to receipt of:
(a)an Agreement under s. 37 of the Planning Act securing the matters described in the report (June 28, 1999) of
the Commissioner of Urban Planning and Development Services in a form satisfactory to the City Solicitor in
consultation with the Commissioner;
(b)postponements of all encumbrances on title to ensure the S. 37 Agreement constitutes a first charge against
title;
(c)a letter or letters of credit to secure the contribution of $500,000;
(d)submit to and have approved by the Commissioner of Works and Emergency Services the following:
(i)a noise impact statement; and
(ii)at least three weeks before introduction of bills, a reference plan of survey in metric units and integrated with
the Ontario Co-ordinate System, delineating thereon by separate parts the lands under application and any
appurtenant rights of way and the remainder of the site, as well as dimensioned plans of the development for the
purpose of preparing site-specific exemption by-laws;
(2)the proposed Official Plan and Zoning By-law amendments be clarified to provide that any funds remaining
from the $500,000 contribution by the owner after the provision of $100,000 for parkland in the vicinity of the site
and after provision of streetscape improvements and public art, if any, shall be added to the $200,000 affordable
housing contribution.
(3)the Recommendations contained in the Report (June 28, 1999) of the Commissioner of Urban Planning and
Development Services be adopted.
The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in
accordance with the Planning Act. The public meeting was held on July 15, 1999, and the following persons addressed the
Toronto Community Council:
-Dr. Glenn Scott, Greater Yorkville Residents' Association;
-Ms. Joan Miles, Toronto, Ontario;
-Mr. Dennis Trinastich, McMillan Binch; and
-Mr. Stanley M. Makuch, Cassels Brock & Blackwell.
The Toronto Community Council submits the following report (July 5, 1999) from the City Solicitor:
Purpose:
This report provides the necessary draft Official Plan and Zoning By-law amendments to permit a mixed-use building
containing 154 residential units with retail uses at grade at 1115 and 1121 Bay Street.
Funding Sources, Financial Implications and Impact Statement:
Enacting the Draft By-laws does not require any expenditure by the City.
Recommendations:
It is recommended that:
(1)the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the
Planning Act.
Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it
could recommend that:
(2)the Draft By-laws attached to the report (July 5, 1999) of the City Solicitor be approved and that authority be granted
to introduce the necessary bills in Council to give effect thereto substantially in the form of the by-laws attached to the
report, which introduction is subject to receipt of:
(a)an Agreement under s. 37 of the Planning Act securing the matters described in the report (June 28, 1999) of the
Commissioner of Urban Planning and Development Services in a form satisfactory to the City Solicitor in consultation
with the Commissioner;
(b)postponements of all encumbrances on title to ensure the S. 37 Agreement constitutes a first charge against title;
(c)a letter or letters of credit to secure the contribution of $500,000;
(d)submit to and have approved by the Commissioner of Works and Emergency Services the following:
(i)a noise impact statement; and
(ii)at least three weeks before introduction of bills, a reference plan of survey in metric units and integrated with the
Ontario Co-ordinate System, delineating thereon by separate parts the lands under application and any appurtenant rights of
way and the remainder of the site, as well as dimensioned plans of the development for the purpose of preparing
site-specific exemption by-laws;
(3)the proposed Official Plan and Zoning By-law amendments be clarified to provide that any funds remaining from the
$500,000 contribution by the owner after the provision of $100,000 for parkland in the vicinity of the site and after
provision of streetscape improvements and public art, if any, shall be added to the $200,000 affordable housing
contribution.
(4)the Recommendations contained in the Report (June 28, 1999) of the Commissioner of Urban Planning and
Development Services be adopted.
Council Reference/Background/History:
The Toronto Community Council will have before it a report (June 28, 1999) of the Commissioner of Urban Planning and
Development Services recommending an Official Plan Amendment and Zoning By-law respecting a proposed development
at 1115 and 1121 Bay Street consisting of 154 residential units with retail uses at grade. The planning report recommends
an agreement under s. 37 of the Planning Act calling for contributions totalling $500,000 which include payments to the
City of at least $300,000:$200,000 for affordable housing and $100,000 for the provision of parkland in the vicinity of the
site.
Comments and/or Discussion and/or Justification:
The Commissioner of Urban Planning and Development Services has indicated that it would be appropriate to clarify that,
as part of the $500,000 contribution, the owner may provide public art and off-site streetscape improvements in the vicinity
east of the site, up to a limit of $150,000 and $50,000 respectively, but such expenditures are not mandatory. To the extent
that the owner chooses not to expend funds towards these matters, any balance in the $150,000 and $50,000 pools should
be added to the affordable housing contribution and the Official Plan Amendment and Zoning By-laws should reflect that
obligation. Therefore, a recommendation to that effect has been added to this report.
The S. 37 Agreement is being prepared and the owner is working toward satisfying the other conditions that would have to
be fulfilled before introduction of the Bills, should Council approve the Draft By-laws.
The Draft By-laws attached to this report will, if enacted, give effect to the Planning Report.
Contact Name:
Raymond Feig, Solicitor
Planning and Administrative Tribunal Law
Telephone:(416) 392-7224
Fax:(416) 397-4420
E-mail:rfeig@toronto.ca
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DRAFT BY-LAW (1)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by Council on
Enacted by Council:
BY-LAW NO. -1999
To adopt an amendment to the Official Plan for the former City of Toronto respecting lands known as 1115 and
1121 Bay Street
The Council of the City of Toronto HEREBY ENACTS as follows:
1.The text and map annexed hereto as Schedule "A" are hereby adopted as an amendment to the Official Plan for the
former City of Toronto.
2.This is Official Plan Amendment No. 148.
SCHEDULE "A"
1.Section 18 of the Official Plan, for the former City of Toronto is hereby amended by adding the following Section
18.495 and the attached Map 18.495;
"18.Lands known as 1115 and 1121 Bay Street
Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands delineated by heavy
lines on Map 18.495, to permit the erection and use of a mixed-use building, including below-grade parking, provided that:
(1)the maximum residential gross floor area of the building does not exceed 11,655 square metres;
(2)the maximum non-residential gross floor area of the building does not exceed 280 square metres;
(3)the owner of the lands are required by by-law to:
(a)contribute $500,000 to the City which shall be expended as follows:
(i)a maximum of $150,000 toward the provision and maintenance of works of public art in publicly accessible portions
of the lands or on adjacent lands owned by the City;
(ii)a maximum of $50,000 toward off-site streetscape improvements in the vicinity east of the site, to the satisfaction of
the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of Works and
Emergency Services;
(iii)$100,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of
the site;
(iv)at least $200,000 shall be provided to the City by way of a cash contribution for the provision of affordable housing;
and
(v)any funds remaining from the $500,000 contribution after expenditures have been made pursuant to Sections 3(a)(i) to
(iv) herein, shall be added to the affordable housing contribution set out in Section 3(a)(iv).
(b)provide, maintain and operate the development in accordance with the Noise Impact Statement approved by the
Commissioner of Works and Emergency Services;
(c)provide improvements to the public boulevard and public sidewalk or payment for the improvement to be provided;
(d)provide any environmental review and perform remediation required by the Medical Officer of Health, including a
Dust Control Plan, all in accordance with the Ministry of Labour and Ministry of the Environment and Energy Guidelines;
and
(e)provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes, sewer maintenance holes and any other collateral matters which are required in connection with this development.
(4)the owner of the lands enters into one or more agreements satisfactory to the City, pursuant to Section 37 of the
Planning Act, to secure the facilities, services and matters required to be provided by subsection (3) and such agreement or
agreements have been appropriately registered against the title to the lands.
(Map to be attached)
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DRAFT BY-LAW (2)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by Council on
Enacted by Council:
CITY OF TORONTO
BY-LAW No. -1999
To amend By-law No. 438-86 of the former City of Toronto, as amended, respecting 1115 and 1121 Bay Street
and to repeal By-law No. 311-78 of the former City of Toronto, respecting lands known as 1121 Bay Street
WHEREAS pursuant to Section 37 of the Planning Act, the Council of a municipality may in a By-law passed under
Section 34 of the Planning Act, authorize increases in the height or density of development beyond those otherwise
permitted by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law;
AND WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities,
services or matters in return for an increase in height and density of development, the municipality may require the owner
to enter into one or more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as
hereinafter set forth;
AND WHEREAS the increases in the density or height permitted hereunder, beyond those otherwise permitted on the
aforesaid lands by By-law No. 438-86, as amended, are to be permitted in return for the provision of the facilities, services
and matters set out in this By-law and are to be secured by one or more agreements between the owner of such lands and
the City of Toronto;
AND WHEREAS Council has required the owner of the aforesaid lands to enter into one or more agreements dealing with
certain facilities, services and matters in return for the increases in height and density in connection with the aforesaid
lands as permitted in this By-law.
NOW THEREFORE the Council of the City of Toronto enacts as follows:
1.None of the provisions of Sections 4(2), 8(3) Part I 1 and 12(2)259 of By-law No. 436-86, being "A By-law to regulate
the use of land and the erection, use, bulk, height, spacing of and other mattes relating to buildings and structures and to
prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of
Toronto", as amended, shall apply to prevent the erection and use on the lot of a mixed-use building, including
below-grade parking, containing not more than 154 dwelling units, provided:
(1)the lot on which the building is located comprises at least those lands delineated by heavy lines on Plan 1 attached to
and forming part of this By-law;
(2)no portion of any building located above grade is located otherwise than wholly within the areas delineated by heavy
lines on Plan 2 attached to and forming part of this By-law;
(3)the maximum height of the building, as shown on Plan 2, does not exceed 76.8 metres, which height shall be inclusive
of:
(a)a mechanical penthouse to a maximum of 10.9 metres, which may include residential amenity space and decorative
building elements, and
(b)structural elements referred to in section 4(2)(a)(i) and (ii) of By-law No. 438-86, as amended;
(4)the residential gross floor area does not exceed 11,655 square metres;
(5)the non-residential gross floor area does not exceed 280 square metres;
(6)there are not more than 154 residential dwelling units in the building;
(7)not less than 35 per cent of the Bay Street frontage shall be for street-related retail and services uses;
(8)107 parking spaces are provided and maintained in a below-grade garage for the exclusive use of the residents of the
mixed-use building; and
(9)the owner of the lot, at its expense and in accordance with and subject to the agreement referred to in section 1(9)(f) of
this By-law:
(a)contributes $500,000 to the City which shall be expended as follows:
(i)a maximum of $150,000 toward the provision and maintenance of works of public art in publicly accessible portions
of the lands or on adjacent lands owned by the City;
(ii)a maximum of $50,000 toward off-site streetscape improvements in the vicinity east of the site, to the satisfaction of
the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of Works and
Emergency Services;
(iii)$100,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of
the site;
(iv)at least $200,000 shall be provided to the City by way of a cash contribution for the provision of affordable housing;
and
(v)any funds remaining from the $500,000 contribution after expenditures have been made pursuant to Sections 1(9)(a)(i)
to (iv) herein, shall be added to the affordable housing contribution set out in Section 1(9)(a)(iv).
(b)provides maintains and operates the development in accordance with the Noise Impact Statement approved by the
Commissioner of Works and Emergency Services;
(c)provides improvements to the public boulevard and public sidewalk or payment for the improvements to be provided;
(d)provides any environmental review and performs remediation required by the Medical Officer of Health, including a
Dust Control Plan, all in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines;
(e)provides space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes, sewer maintenance holes and any other collateral matters which are required in connection with this development;
and
(f)enters into one or more agreements with the City pursuant to Section 37 of the Planning Act to secure all the facilities,
services and matters referred to in subsection 1(9) of this By-law, and such agreement or agreements are appropriately
registered against the title to the lands.
2.For the purposes of this By-law each word or expression which is italicized herein shall have the same meaning as each
word or expression as defined in the aforesaid By-law No. 438-86, as amended.
3.Section 13 of By-law No. 438-86, as amended, is further amended by deleting the reference "By-law No. 311-78
respecting 1121 Bay Street" and By-law No. 311-78 is hereby repealed
(Plans to be attached)
The Toronto Community Council also submits the following report (June 28, 1999) from the Commissioner of
Urban Planning and Development Services:
Purpose:
To provide final recommendations for approval of an Official Plan and Zoning By-law Amendment Application No.
198012 for 1115 - 1121 Bay Street for a 21-storey mixed-use building containing 154 residential units with retail uses at
grade.
Financial Implications:
With the approval of this application, the City will secure financial contributions of $200,000 for the Capital Revolving
Fund for Affordable Housing and $100,000 for the East of Bay and Vicinity Reserve Fund pursuant to Section 37 of the
Planning Act.
Recommendations:
It is recommended that:
(1)the Official Plan be amended to add a new Section 18 provision substantially as set out below:
"18.__Lands known as 1115 and 1121 Bay Street
See Map 18.__ at the end of this Section
Notwithstanding any of the provisions of this Plan, Council may pass by-laws respecting the lot shown on Map 18.__, and
known in the year 1998 as 1115 and 1121 Bay Street, to permit an increase in the density and height of development
otherwise permitted, for the erection and use of a mixed-use building, including below-grade parking, provided that:
(a)the maximum residential gross floor area of the building does not exceed 11,655 square metres;
(b)the maximum non-residential gross floor area of the building does not exceed 280 square metres;
(c)the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act, to secure the
following facilities, services and matters:
(i) a contribution of $500,000 which shall be expended as follows:
(a)not more than $150,000 shall be expended on public art associated with the development, in accordance with the
former City of Toronto's standard public art programme;
(b)not more than $50,000 shall be expended on off-site streetscape improvements in the vicinity east of the site, to the
satisfaction of the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of
Works and Emergency Services; and
(c)of the remaining $300,000, a minimum of $200,000 shall be provided to the City for the provision of affordable
housing and $100,000 shall be provided to the City for the provision of parkland in the vicinity of the site;
(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes as required;
(iii)submission, approval and implementation of a Noise Impact Statement;
(iv)provision of improvements to the public boulevard and public sidewalk or payment for the improvements to be
provided; and;
(v)if deemed necessary by the Medical Officer of Health, any environmental review and remediation including a Dust
Control Plan, all in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines;
(2)the Zoning By-law , By-law 438-86, as amended, be amended so as to:
(a)exempt the site from the following sections of By-law 438-86, as amended:
4(2)Height Limit and Mechanical Penthouse provisions
8(3) PART I 1Maximum Residential and Non-Residential Gross Floor Area
12(2) 259Street Related Retail and Service Uses
(b)permit the erection and use of a mixed-use building containing street-related retail and service uses and residential
uses provided:
(i)the residential gross floor area does not exceed 11,655 square metres;
(ii)the non-residential gross floor area does not exceed 280 square metres;
(iii)the height of the building does not exceed 76.8 metres including a 10.9 metre allowance exclusively for the use as a
mechanical penthouse structure which may include amenity space and decorative building elements;
(iv)a minimum of 35 percent of the Bay Street frontage is used for street-related retail and service uses;
(v)a minimum of 107 parking spaces are provided for the residential units in the building;
and provided that the owner enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure
the following facilities, services and matters:
(i) a contribution of $500,000 which shall be expended as follows:
(a)not more than $150,000 shall be expended on public art associated with the development, in accordance with the
former City of Toronto's standard public art programme;
(b)not more than $50,000 shall be expended on off-site streetscape improvements in the vicinity east of the site, to the
satisfaction of the Commissioner of Urban Planning and Development Services in consultation with the Commissioner of
Works and Emergency Services; and
(c)of the remainder of the funds, at a minimum of $300,000, $200,000 shall be shall be provided to the City for the
provision of affordable housing and $100,000 shall be provided to the City for the provision of parkland in the vicinity of
the site;
(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required;
(iii)submission, approval and implementation of a Noise Impact Statement;
(iv)provision of improvements to the public boulevard and public sidewalk or payment for the improvements to be
provided;
(v)if deemed necessary by the Medical Officer of Health, any environmental review and remediation including a Dust
Control Plan, all in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines; and
(c)repeal By-law 311-78;
(3)the legal agreement referred to in Recommendation (1) and (2) above contain the owner's acknowledgement that the
payments made to the City pursuant to Section 37 of the Planning Act are separate and distinct from any other payments
made to the City under Section 42 or any other section of the Planning Act or any other applicable legislation;
(4)the owner be advised of the requirement for Site Plan Approval including submission and the approval of a landscape
plan for all on and off-site improvements with the following requirements to apply:
(a)construct the access ramp to the underground parking garage with a slope not exceeding 5% within 6 m of the property
line and not exceeding 15% along the remaining portions;
(b)provide and maintain a stop sign at the top of the access ramp for vehicles exiting the underground parking garage and
a mirror for trucks backing out of the Type G loading space;
(c)provide and maintain a garbage room and a recyclable materials storage room with minimum sizes of 30 mē and 15
mē, respectively, for the shared use of the residential and non-residential components, and install and maintain a stationary
compactor unit in the garbage room;
(d)provide and maintain access to the garbage and recycling rooms with double or overhead doors of sufficient size to
accommodate the transport of container bins;
(e)provide and maintain service connections from the retail component to the garbage and recycling rooms, and the Type
G loading space;
(f)provide and maintain 1 Type G loading space on the site, with a generally level surface and access designed so that
trucks can enter and exit the site in a forward motion;
(g)provide and maintain a concrete base pad with a minimum area of 20 mē and a slope not exceeding 2% adjacent to the
front of the Type G loading space for the storage of at least 5 compactor containers on collection day;
(h)construct all driveways and passageways providing access to and egress from the Type G loading space with a
minimum width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside
turning radii of 9 m and 16 m;
(i)construct the Type G loading space and all driveways and passageways providing access thereto to the requirements of
the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle loading with impact
factors where they are to be built as supported structures;
(5)the owner submit to the Commissioner of Works and Emergency Services:
(i)a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by
separate PARTS the lands under application and any rights-of-way appurtenant thereto and the remainder of the site; and
(ii)dimensioned plans of the development for the purpose of preparing site specific exemption by-laws;
and such plans should be submitted at least 3 weeks prior to the introduction of Bills in Council;
(6)the owner:
(a)apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal
application for a building permit; and
(b)submit a grading and drainage plan, prior to the issuance of a building permit, for the review and approval of the
Commissioner of Works and Emergency Services;
(7)the owner be advised:
(a)of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance;
(b)of the City's requirement for the payment of a service charge associated with the provision of City containerized
garbage collection;
(c)that all recyclable materials generated by this project eligible for collection under the City's recycling programs must
be set out for collection on the days and at the times scheduled by the City for the collection of recyclables; and
(d)of the comments of the Commissioner of Urban Planning and Development Services requiring the submission of a set
of fully dimensioned architectural plans to verify the site statistics prior to the final approval of the project.
(8)the City Solicitor and the Commissioner of Urban Planning and Development Services represent the City at the
Ontario Municipal Board in order to pursue the approval of the amendments contained in this report as may be required.
Background:
(a)Applicant and Owners
Application submitted by Stanley M. Makuch, Cassels Brock and Blackwell, 40 King Street West, Suite 2100, Toronto,
Ontario M5H 3C2, on behalf of 1268144 Ontario Inc. and 1297906 Ontario Inc., 199 Adesso Drive, Concord, Ontario L4K
3C4
(b)Location and Context
The 1008.5 square metre site is located at the southeast corner of Bay and Charles Streets. The site currently contains two
three-storey buildings housing restaurant uses. A public lane (LaScala Lane) borders the east side of the site.
The site is located within a high density corridor which generally extends between Bloor Street and Wellesley Street to the
south. Immediately to the south of the site is a 27-storey mixed used building containing residential apartments, a
residential hotel, office uses, and street-related retail and service uses. To the east is a 20-storey apartment building. The 51
storey Manulife Centre is north of the site, and an 18 storey mixed use building and 30 storey residential condominium
building are located on the west side of Bay Street.
(c)Proposed Development
The proposed development is a 21-storey (76.8 metres high including mechanical penthouse) mixed-use building
containing 154 residential condominium units with street related retail and service uses at grade and 5 below grade parking
levels containing 107 parking spaces. The proposed total gross floor area is 11,935 square metres (11.8 times the area of
the lot). The existing buildings on the site will be demolished. The vehicular entrance to the underground garage and
servicing for the proposed building will be from the public lane. The residential entrance will be off Bay Street. The
massing of the building establishes a 2-storey podium with the building shaft set back 3 metres from Bay Street and 1.5
metres from Charles Street.
(d)Previous Planning Approvals
In December 1984, the Committee of Adjustment granted a consent to sever what is now 1115 Bay Street from the retained
parcel to the south (1099 Bay Street). In doing so, the Committee noted that all of the permitted density for the severed and
retained parcels had been fully utilized in constructing the mixed use building at 1099 Bay Street, and thus imposed a
condition that there be no further residential development on 1115 Bay Street. The zoning on this site was again altered
with the adoption of Cityplan in 1993. This current application represents a reconsideration of these previous planning
approvals for this site.
(e)Public Comments
A public meeting was held on September 10, 1998 attended by 20 people. In addition, the Department has received letters
from the public. Issues of concern that have been raised include the integrity of the Official Plan, the increase in density
and height, physical impacts of the building including wind, shadows, pedestrian amenity and noise, the appearance of the
building and traffic issues including congestion on Charles Street and adequacy of parking. These issues are addressed in
this report.
Comments:
1.Planning Controls
(a)Current Official Plan and Zoning By-law
The Official Plan designation for the site is High Density Mixed Commercial-Residential Area "A", which permits mixed
use buildings with a maximum density of 6 times the area of the lot. The Zoning By-law designates the site as CR T6.0
C1.0 R6.0, which permits a maximum total density of 6 times the area of the lot with a maximum commercial density of 1
times the area of the lot. The height limit is 46.0 metres. There is a site-specific Zoning By-law (By-law No. 311-78)
applicable to the 1121 Bay Street property relating to an extension to the existing building on the site which would be
redundant upon approval of this application and would be repealed as part of this approval.
(b)Requested amendments to the planning controls
(i)Official Plan
Amendments are required to the Official Plan to permit the increase in density from 6.0 to 11.8 times the area of the lot and
provide for the entering into of an agreement pursuant to Section 37 of the Planning Act, to secure various facilities,
services and matters outlined in this report.
(ii)Zoning By-law
The proposed development does not comply with the Zoning By-law in the following ways: the proposed density of 11.8
times the lot area exceeds the permitted density of 6.0 times the area of the lot; the proposed height of 76.8 metres,
including the mechanical penthouse, exceeds the permitted height of 46.0 metres; 36 percent of the Bay Street frontage is
retail which is below the required 60 percent.
(c)Appeal to Ontario Municipal Board
The applicant has appealed this matter to the Ontario Municipal Board citing the municipality's failure to make a decision
within 90 days of receipt of the application. In considering the adoption of the by-laws recommended in this report, staff
are seeking Council's authorization to present Council's position on the matter to the OMB, as may be required.
(d)Site Plan Approval
This application does not include Site Plan Approval. Site Plan Approval, which will be applied for separately, is required
prior to the issuance of a building permit. A landscape plan showing the details of on and off-site streetscape improvements
and outdoor amenity spaces will be required. All off-site streetscape improvements will require a separate application to
the Commissioner of Works and Emergency Services for approval of works within the street allowance.
2.Planning Considerations
In determining the appropriateness of the proposal, it is relevant to consider the increase in density and height requested in
terms of consistency with the objectives and policies of the Official Plan. Comments received from the public have also
been taken into account.
(a)Density and Height
The density of the proposal is almost double the permitted density. The proposed height increase is also substantial.
The site is located in a high density residential area in which tall apartment buildings are characteristic. The site is the final
remaining unredeveloped site on the east side of Bay Street between Bloor and Wellesley Street West.
The proposed height of 76.8 metres including the mechanical penthouse is approximately the average height of buildings
on Bay Street between Bloor Street and Wellesley, including buildings just to the east of the site but excluding the
Manulife Centre which is 164 metres high.
With respect to density, considering that site sizes in the area vary considerably, the proposed density is higher than
average but within the range of building densities, which have largely been approved as site specific amendments to the
Official Plan and/or Zoning By-law over the last 20 years. Contextually, the proposed building will mirror the general size
of 1132 Bay Street which is located on the northwest corner of Charles and Bay Streets and would be about 9 metres
shorter than the building immediately abutting the site to the south.
(b)Evaluation of Physical Impact
It is recognized that this area of Bay Street is intensively developed with tall buildings. Buildings in this area vary in design
and vintage and often have not been massed in such a way as to mitigate their environmental impact on the public realm. In
certain sidewalk locations, shadow and wind impacts are less than desirable. In adding another building to the area, it is
important to achieve a neutral if not positive impact which will assist in improving the level of pedestrian amenity.
(i)Shadow
The Official Plan identifies Bay Street in this area as requiring a 3 hour sunlight standard on one sidewalk while the Zoning
By-law has no implementing angular plane requirement, largely in recognition of the existing condition of tall apartment
buildings. Since this is a rezoning application, it is appropriate to attempt to achieve the 3 hour standard set by the Official
Plan, if possible, given existing conditions.
The applicant has submitted a shadow analysis which shows that shadows cast on Bay Street during the morning hours by a
building permitted by the existing zoning would be marginally less than the shadows cast by the proposed building.
However, both building options generally achieve the 3 hour sunlight standard required by the Official Plan.
(ii)Wind
The applicant submitted a study which concluded that the wind comfort conditions in the vicinity of the site were not
significantly affected by the addition of the proposed building. The proposed massing discussed below serves to mitigate
wind impact.
(iii)Massing and Pedestrian Amenity
The massing of the building is mitigated by the 2-storey podium which will provide a pedestrian-scale at the base of the
building. The building will include a colonnade on Bay Street, which will be aligned with the colonnade of the building to
the south, providing up to 3.0 metres additional width for the Bay Street sidewalk. The Charles Street sidewalk will be
widened by 1.5 metres. Retail and residential lobby uses will animate the ground floor of the building.
The massing and sidewalk improvements will improve conditions for pedestrians in the area.
(iv)Light, View, Privacy and Amenity
The proposed building complies with the minimum separating distances required by the Zoning By-law with suite
arrangements generally oriented to the west, north and east. The project includes two indoor and outdoor amenity spaces
and complies with the requirements of the Zoning By-law.
(c)Parks
This site is just west of a large area of the Central Core which is deficient in parks to serve the population of workers and
residents, as set out on Map 6 of the former City of Toronto Official Plan. In considering the proposed increase in height
and density, it is appropriate to consider how the application may serve to mitigate these park deficiencies. This
opportunity is discussed in the context of Section 37 Public Benefits below.
(d)Parking, Loading and Traffic Issues
The applicant is proposing 107 parking spaces which slightly exceeds the Zoning By-law requirement for 104 spaces. The
parking is to be provided in 5 underground levels accessed via La Scala Lane to the east of the site. Taking into account the
unit count, suite sizes, concern with the feasibility of adding an additional underground level of parking, the proximity of
public transit and the availability of public parking in the area, the Commissioner of Works and Emergency Services is
satisfied with the proposed parking.
With respect to the loading, one Type G loading space in a lay-by configuration off La Scala Lane is acceptable.
At the request of planning staff and in order to address concerns raised by the public regarding area traffic conditions and
impact, the applicant submitted a traffic impact assessment. The analysis concludes that the proposed development can be
accommodated by the existing road network and would have a minimal traffic impact on the signalized intersection at Bay
and Charles Streets.
The Commissioner of Works and Emergency Services has advised that comments on this assessment will be provided
under separate cover.
(e)Preservation of the existing buildings
While the former use of the building on the site as the LaScala Restaurant is of some note for Torontonians, Heritage
Toronto has advised that the buildings are not listed or designated under the Ontario Heritage Act.
(f)Housing Intensification
Policies of the former City of Toronto Official Plan and Metroplan support housing intensification in the Central Core. The
addition of 154 residential units proposed in this application achieves intensification in accordance with this planning
policy.
(g)Section 37 Public Benefits and Agreement
(i)Background
The former City of Toronto Official Plan contains policies which seek to secure public benefits as part of an application
which includes a request for an increase in height and density. These benefits include but are not limited to social housing,
non-profit community, cultural and institutional facilities, heritage preservation and parks. Ideally, these benefits are
provided and secured as part of a proposed development on site (e.g. a social housing development, the dedication of a
piece of the site for a park, an on-site daycare). If these public benefits cannot be included on site, a financial contribution
in-lieu is provided. The means by which these benefits are commonly secured is through an agreement pursuant to Section
37 of the Planning Act. The Official Plan sets out a principle that there should be a relationship between the value of the
increase in height and density and the cost of providing the public benefit.
The approval of Official Plan and Zoning amendments is a mechanism which can be used to achieve public benefits and
other objectives of the Official Plan. It is based in part on the acknowledgement that development which includes an
increase in height and density is a substantial private benefit. This kind of development should in some form contribute as
well to both local and city-wide planning objectives expressed throughout the Plan (e.g. the shortage of affordable housing,
the need to preserve heritage buildings, the need to address park deficient areas and meet other community facility needs).
For example, a recent residential condominium approval at Bay Street and Wellesley Street included a substantial on-site
public park dedication and a financial contribution over and above the Section 42 parks levy in part in exchange for the
increase in height and the reallocation of density on the site. These public benefits were secured through a Section 37
Agreement.
It should be noted that public benefits secured through Section 37 are in addition to and separate from payments to the City
for parkland contribution levies pursuant to Section 42 of the Planning Act and any development charges which may be
applicable. Contributions made pursuant to Section 37 are made specifically as a result of and in exchange for an increase
in height and density, in recognition of the need to achieve planning objectives set out in the Official Plan.
(ii)Applicability to Current Application
The applicant and staff have discussed a public benefits package which may be considered fair and reasonable considering
the value of the increase in height and density being requested and the cost of providing public benefits further to the
Official Plan policy outlined above.
This application includes a proposal from the applicant to incorporate public art into the building and provide some
non-site related streetscape improvements in the area. These two proposals are generally consistent with the Official Plan.
While public art is typically considered a separate obligation under the Official Plan, this development is smaller than the
minimum development size requirement for public art set out in the Plan. Therefore, it is considered appropriate to apply a
credit for this public art proposal to the overall public benefits package being offered. Similarly, a credit for non-site
related improvements is considered appropriate because of the public benefit being achieved in the local area.
In lieu of other on and off-site public benefits, the applicant has offered a financial contribution. Public benefits being
recommended in association with this application are contributions to the City's Capital Revolving Fund for Affordable
Housing and the East of Bay and Vicinity Reserve Fund for parks. Contributions to these funds address issues specifically
related to Official Plan objectives.
Appreciating that on a small site, these matters may not be achievable as part of this development, a financial
contribution toward existing City initiatives for affordable housing and open space development in lieu of providing these
public benefits on site is acceptable.
In summary, staff and the applicant have negotiated a public benefits package which is consistent with Official Plan policy
as follows: $500,000 contribution of which up to $50,000 may be utilized for non-site related streetscape improvements in
the vicinity east of the site and up to $150,000 may be used for public art on the building or site, subject to the approval of
the Public Art Commission. Of the remainder of the funds, a minimum of $200,000 is to be provided to the City for deposit
in the City's Capital Revolving Fund for Affordable Housing and a minimum of $100,000 is to be provided to the City for
deposit in the City's reserve fund for parkland development in the vicinity of this site.
A Section 37 Agreement will be entered into to secure these public benefits.
With respect to the streetscape improvements, the applicant will be required to reconstruct and/or improve the sidewalks
adjacent to the site to the upgraded standard found in the Bloor/Yorkville Business Improvement Area as part of the Site
Plan Approval. Additional streetscape improvements east of the site either on Charles Street or St. Mary Street up to a
maximum of $50,000 will be specified, after further consultation with the applicant and secured in the Section 37
agreement.
As the Section 37 public benefits are in addition to and separate from payments to the City for parkland contribution levies
pursuant to Section 42 of the Planning Act and any development charges which may be applicable, it is recommended that
the owner acknowledge this statement in the Section 37 Agreement.
Conclusion
This application has been evaluated on the basis of its consistency with objectives and policies in the Official Plan. This is
the last site to be redeveloped on the east side of Bay Street between Bloor and Wellesley Streets, in a high density
residential corridor in which tall apartment buildings are characteristic. The proposed development which has been
analysed in terms of contextual fit, physical impacts and amenity for the residents, is appropriately massed to mitigate any
impacts. In order for the increase in height and density to be acceptable, the proposal must meet all the tests of good
planning including the provision of a net community benefit. The approval of the proposed increase in height and density
will secure public benefits for the City in fulfilment of Official Plan policies pursuant to Section 37 of the Planning Act,
including funds for the provision of affordable housing and parks.
Contact Name
Gregg Lintern
Senior Planner, South District, East Section
Community Planning Division
Telephone: 392-7363
Fax: 392-1330
E-mail: glintern@toronto.ca
--------
Application Data Sheet
| Site Plan Approval: |
N |
|
Application Number: |
198012 |
| Rezoning: |
Y |
|
Application Date: |
June 30, 1998 |
| O. P. A.: |
Y |
|
Date of Revision: |
June 4, 1999 |
Confirmed Municipal Address:1115 and 1121 Bay Street.
| Nearest Intersection: |
South-east corner of Bay Street and Charles Street. |
| |
|
| Project Description: |
To construct a mixed use building containing 154 residential units with
retail at grade. |
| Applicant:
Stanley Makuch
40 King St. West #2100
869-5977 |
Agent:
Cassels Brock & Blackwell
40 King St. West #2100
869-5977 |
Architect:
Page & Steele
95 St. Clair Av. West #200
924-9966 |
Planning Controls (For verification refer to Chief Building Official)
| Official Plan
Designation: |
HDMCR 'A' |
Site Specific
Provision: |
311-78 |
| Zoning District: |
CR T6.0 C1.0 R6.0 |
Historical Status: |
No |
| Height Limit (m): |
46.0 |
Site Plan Control: |
Yes |
Project Information
| Site Area: |
1006.6 m2 |
|
Height: |
Storeys: |
21 + Mech. |
| Frontage: |
|
|
|
Metres: |
76.80 |
| Depth: |
|
|
|
|
|
| |
|
|
|
Indoor |
Outdoor |
|
|
| Ground Floor: |
|
|
Parking
Spaces: |
107 |
|
|
|
| Residential
GFA: |
11655.0
m2 |
|
Loading
Docks: |
1 |
G |
|
|
|
|
| Non-Residential GFA: |
280.0 m2 |
|
(number,
type) |
|
|
|
|
|
|
| Total GFA: |
11935.0
m2 |
|
|
|
|
|
|
|
|
| Dwelling Units |
|
Floor Area Breakdown |
| Tenure: |
Condo |
|
|
|
Land Use |
Above
Grade |
Below
Grade |
| Bachelors: |
4 |
|
|
|
Residential |
11655.0 m2 |
|
| 1 Bedroom: |
74 |
|
|
|
Retail |
280.0
m2 |
|
| 2 Bedroom: |
76 |
|
|
|
|
|
|
| Total Units: |
154 |
|
|
|
|
|
|
| Proposed Density |
|
|
| Residential Density: 11.58 |
Non-Residential Density: 0.28 |
Total Density: 11.86 |
1.Works and Emergency Services, dated June 16, 1999.
(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)Provide and maintain a minimum of 107 parking spaces on the site to serve the residents of the project;
(c)Construct the access ramp to the underground parking garage with a slope not exceeding 5% within 6 m of the
property line and not exceeding 15% along the remaining portions;
(d)Provide and maintain a stop sign at the top of the access ramp for vehicles exiting the underground parking garage and
a mirror for trucks backing out of the Type G loading space;
(e)Provide and maintain a garbage room and a recyclable materials storage room with minimum sizes of 30 mē and 15
mē, respectively, for the shared use of the residential and non-residential components, and install and maintain a stationary
compactor unit in the garbage room;
(f)Provide and maintain access to the garbage and recycling rooms with double or overhead doors of sufficient size to
accommodate the transport of container bins;
(g)Provide and maintain service connections from the retail component to the garbage and recycling rooms, and the Type
G loading space;
(h)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;
(I)Provide and maintain a concrete base pad with a minimum area of 20 mē and a slope not exceeding 2% adjacent to the
front of the Type G loading space for the storage of at least 5 compactor containers on collection day;
(j)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;
(k)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;
(l)Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a
formal application for a building permit;
(I)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon
by separate PARTS the lands under application and any rights-of-way appurtenant thereto;
(ii)Dimensioned plans of the development for the purpose of preparing site specific exemption by-laws;
and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;
(n)Submit a grading and drainage plan, prior to the issuance of a building permit, for the review and approval of the
Commissioner of Works and Emergency Services;
(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance;
(b)Of the City's requirement for the payment of a service charge associated with the provision of City containerized
garbage collection; and
(c)That all recyclable materials generated by this project eligible for collection under the City's recycling programs must
be set out for collection on the days and at the times scheduled by the City for the collection of recyclables.
Southeast corner of Bay Street and Charles Street West.
Construction of a mixed-use building comprising 154 residential condominium units and 280 mē of retail space.
The proposal was dealt with in a Departmental report dated March 18, 1999. The above consolidated recommendations
supersede the recommendations contained in the previous report, including the recommendation requiring revised plans,
which has been satisfied.
The proposed provision of 107 parking spaces for the residents of the project, located in a five-level underground parking
garage, does not satisfy the estimated total parking demand generated by this project for 140 spaces, based in part on the
surveyed demand of condominium dwelling units, including 129 spaces for the exclusive use of the residents, 9 residential
visitor spaces and 2 spaces for the retail component. As far as can be ascertained, the requirement of the Zoning By-law is
for 104 spaces. In a letter dated May 20, 1999, Mr. Stanley M. Makuch of Cassels Brock and Blackwell, the owner's
solicitor, submitted certain documentation and requested this Department to reconsider the parking requirement
recommended in the previous report. Based on a review of the documentation provided, which includes data on the unit
sizes and the opinion of a professional engineer that the construction of 5 underground parking levels is the maximum
feasible for this site, the provision of 107 parking spaces for the residents would be acceptable. Given the proximity of
public transit and the availability of public parking facilities in the area, the non-provision of parking for residential visitors
is acceptable. Also, it is recognized that the provision of 2 parking spaces for the retail component would be impractical.
Therefore, the parking supply as proposed is acceptable.
The dimensions and general layout of the parking spaces are satisfactory. Access to the underground parking garage is
proposed via a ramp from the 6.1 m wide public lane, known as La Scala Lane, which abuts the site on the east. This is
acceptable.
Your staff have provided this Department with Traffic Impact Assessment documentation from Mr. Tim Arnott of BA
Group, dated June 1, 1999, regarding the traffic impact associated with this project. Comments on this submission will be
provided under separate cover.
The City will provide this project, including the non-residential component, with the bulk lift method of refuse and
recyclable materials collection in accordance with the Municipal Code, Chapter 309 (Solid Waste) provided that all
recyclable materials generated by this project are set out for collection on the days and at the times scheduled by the City
for the collection of recyclables. This will require the provision of a Type G loading space and the storage and handling
facilities identified in Recommendation Nos. 1(e) to 1(k), above.
The sizes of the garbage storage room and the recycling room as shown on the plans are sufficient. A minimum width of
2.2 m would be required for any doors and service corridors which are to be used for transporting recycling containers for
bottles and cans, unless the containers are retrofitted and maintained with special wheels at the owner's expense.
The plans show a proposed Type G loading space located on the east side of the building, configured as a lay-by between
the building and the public lane. This is acceptable. To mitigate potential conflicts between trucks travelling across the
entrance to the access ramp and exiting vehicles, the plans show that the owner will provide and maintain a stop sign at the
top of the ramp for exiting vehicles and a mirror for trucks backing out of the loading space.
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 Solid Waste Management Services Division at
392-1517.
The existing water distribution system and sanitary sewer system are adequate to serve this development.
The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and
approval.
2.Urban Planning and Development Services (Buildings), dated March 9, 1999.
Description:Build 21 storey retail store and dwelling building ( 154 units ) with 5 levels of basement parking.
Plans prepared by:Page & Steele Architects.Plans dated: Jan. 20, 1999.
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 maximum permitted height is 46.0 metres. The proposed height of the building will be 76.8 metres with the main
building 65.9 metres and the mechanical penthouse 10.9 metres. ( Section 4(2))
2.The by-law requires a parking space to have minimum unobstructed dimensions of at least 5.9 metres in length by 2.6
metres in width. The proposed 5 of the 104 parking spaces will have dimensions of 4.0 metres by 2.6 metres. (Section 2,
definition of "parking space".)
3.The by-law requires that the combined non-residential gross floor area and residential gross floor area be not more than
6.0 times the area of the lot: 6038.4 square metres. The proposed building has 11935.0 square metres of combined
non-residential gross floor area and residential gross floor area. (Section 8(3) PART I 1)
4.The by-law requires a building to provide ground floor level "street-related retail and service uses" having a frontage
equal to at least 60% of the frontage of the lot abutting a street. The proposed building provides "street-related retail and
service uses" equal to 30% of the frontage. (Section 12(2) 259)
5.Two parking spaces for disabled persons have not been provided. ( By-law 329-81)
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.This property is designated under Part IV of the Ontario Heritage Act. In accordance with Section 34, Part IV of the
Act, an owner wishing to demolish a designated building must receive consent in writing from City Council.
4.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.
5.The proposal requires the approval of City Works Services regarding ramp approval and curb cuts.
1.This review is based on the site statistics submitted by the applicant. A set of fully dimensioned architectural plan must
be provided to verify the site statistics prior to the final approval of the project.
3.Heritage Toronto, dated September 1, 1998.
Comments on the application noted above were requested in your circulation form dated August 27, 1998.
The properties located at 1115 and 1121 Bay Street are neither included on the City of Toronto's Inventory of Heritage
Properties nor designated under the terms of the Ontario Heritage Act.
Staff of Heritage Toronto have no comments on this application.
4.Toronto Catholic District School Board, dated January 29, 1999.
Further to your request for comments, please be advised that bus transportation is provided from the subject are to Our
Lady of Lourdes Catholic School (JK-8). Children residing in the above-noted development could be accommodated in
permanent facilities at this school and St. Patrick Catholic Secondary School.
5.Ministry of Municipal Affairs and Housing, dated November 25, 1998.
I am writing in response to a preliminary report sent to me by a member of your staff regarding the above-noted
application. We have reviewed the report and have no objection to the proposed amendment.
Site-specific amendments to allow for increases in height or density are local responsibilities and the municipality should
assess the impact of proposed structure on adjacent uses. In addition, issues such as the availability of community services,
park land and all environmental concerns should be addressed.
To provide a supplementary comment from the Commissioner of Works and Emergency Services pertaining to a traffic
impact assessment undertaken for this proposal.
Not applicable.
It is recommended that this report be received for information.
In my report dated June 28, 1999, I advised that the Commissioner of Works and Emergency Services would comment
under separate cover on the traffic impact assessment prepared by the applicant's traffic consultant.
The Commissioner's comment on this matter is attached for the information of the Community Council.
The proposal for the above-noted site, located at the southeast corner of Bay Street and Charles Street West, was dealt with
in a consolidated Departmental report to you dated June 16, 1999. It was indicated in the report that comments on the
traffic implications of this proposal would be provided under separate cover.
The traffic Impact Study dated May 31, 1999 and the supplementary technical documentation dated July 7, 1999, prepared
by BA Consulting Group Limited, assesses the impact of traffic generated by the proposed mixed-use development on this
site, comprising 154 residential condominium units and 280 sq. m of retail space on the operations of the abutting road
network. The consultant has estimated that the proposed development would generate approximately 40 two-way vehicle
trips in each of the a.m. and p.m. peak hours. The vehicular access for this development is proposed via La Scala Lane
which operates one-way northbound between St. Mary Street and Charles Street West, abutting the east limit of this
property. The traffic from this development has been added to the existing traffic volumes in the area, which were adjusted
to reflect increases in background traffic at a rate of 1% per annum, to simulate future conditions. The consultant assessed
the operations of the abutting intersections based on these forecasted traffic volumes and concluded that the traffic
generated by this development can be readily accommodated by the existing road network.
I have reviewed the consultant's assessment and while I have some concerns with some of the parameters used in the
analysis, I concur with the consultant's conclusion. I note that the traffic signals at the Bay Street/Charles Street West
intersection are scheduled to be converted to SCOOT control in September 1999. SCOOT control essentially allows the
intersection to be fully responsive to fluctuations in traffic demand by allocating green time between north-south and
east-west movements, as required. Therefore, this intersection would, in fact, operate at a better level of service than
indicated in the consultant's assessment, which was assumed to operate under fixed signal timing.
Notwithstanding the above, it is recognized that some traffic operations problems do occur in the area from time to time.
These problems are unrelated to this specific development. Consequently, Departmental staff would undertake to monitor
the traffic conditions in the area to determine what measures could be implemented to address current operation problems.
The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, the following communications, and a copy thereof has been submitted to Council under separate
cover:
-(June 28, 1999) from Ms. Barbara Schulze
-(June 30, 1999) from Mr. Keith Major, Manulife Financial
-(July 12, 1999) from Mr. Dennis A. Trinaistich, McMillan Binch, Barristers & Solicitors obo Granflume Investments
Limited
