Draft By-laws - Official Plan Amendment and Rezoning -
460 Yonge Street (Downtown)
The Toronto Community Council recommends that:
(1)the Draft By-laws attached to the report (September 9, 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 (September 9, 1999)
of the Acting Commissioner of Urban Planning and Development Services in a form satisfactory to the City
Solicitor in consultation with the Acting 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 $200,000;
(d)submission to and approval by the Commissioner of Works and Emergency Services the following:
(i)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction
within the development;
(ii)a noise impact statement;
(iii)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; and
(2)the Recommendations contained in the report (September 9, 1999) of the Acting 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 September 14, 1999, and no one addressed the Toronto
Community Council.
The Toronto Community Council submits the following report (September 9, 1999) from the City Solicitor:
Purpose:
This report provides the necessary draft Official Plan and Zoning By-law amendments to permit a residential addition
containing 93 dwelling units over an existing two-storey building at 460 Yonge 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 (September 9, 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 (September 9, 1999) of the
Acting Commissioner of Urban Planning and Development Services in a form satisfactory to the City Solicitor in
consultation with the Acting 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 $200,000;
(d)submit to and have approved by the Commissioner of Works and Emergency Services the following:
(i)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within
the development;
(ii)a noise impact statement;
(iii)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 Recommendations contained in the report (September 9, 1999) of the Acting Commissioner of Urban Planning
and Development Services be adopted.
Council Reference/Background/History:
The Toronto Community Council at its meeting of July 15, 1999 (Clause No. 12 of Toronto Community Council Report
No. 11), having before it the report of the Commissioner of Urban Planning and Development Services (June 28, 1999),
recommended that:
(1)Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street be approved in principle
on the basis of a public benefits financial contribution of $200,000, pursuant to Section 37 of the Planning Act, for the
Capital Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund; and
(2)the City Solicitor be requested to give notice for a public meeting to consider draft by-laws necessary to amend the
Official Plan and Zoning By-law to permit this proposal and the Commissioner of Urban Planning and Development
Services be requested to bring forward appropriate recommendations for approval in accordance with the comments from
Civic Officials contained in Appendix A of the report (June 28, 1999) from the Commissioner of Urban Planning and
Development Services.
The Toronto Community Council will have before it the final report of the Acting Commissioner of Urban Planning and
Development Services (September 9, 1999) at its meeting on September 14, 1999 recommending an Official Plan
Amendment and Zoning By-law respecting a proposed development at 460 Yonge Street consisting of a residential
addition containing 93 dwelling units to an existing two-storey building.
The latest planning report also recommends an agreement under s. 37 of the Planning Act calling for a contribution
totalling $200,000 which include payments to the City of $150,000 for affordable rental housing and $50,000 for the
provision of parkland in the vicinity of the site.
Comments and/or Discussion and/or Justification:
The draft by-law report of the City Solicitor implements the previous actions of the Toronto Community Council and latest
report of the Acting Commissioner of Urban Planning and Development Services.
The S. 37 Agreement is being prepared and the owner is required to satisfy various conditions prior to the introduction of
the Bills, should Council approve the Draft By-laws.
Contact Name:
William Hawryliw, Solicitor, Planning and Administrative Tribunal Law
Telephone:(416) 392-7237
Fax:(416) 397-4420
E-mail:whawryli@toronto.ca
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DRAFT BY-LAW (1)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by City of Toronto 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 460 Yonge 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. .
SCHEDULE "A"
1.Section 18 of the Official Plan, for the former City of Toronto is hereby amended by adding the following Section
18.___ and the attached Map 18.___;
"18.___Lands known as 460 Yonge 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.___, to permit the erection of a residential addition to a building existing in the year 1998, provided that:
(1)the maximum residential gross floor area of the building does not exceed 9 051 square metres;
(2)the maximum non-residential gross floor area of the building does not exceed 3 165 square metres;
(3)the owner of the lands is required by by-law to:
(a)contribute $200,000 to the City which shall be expended as follows:
(i)$150,000 shall be provided to the City by way of a cash contribution for the provision of affordable rental housing; and
(ii)$50,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of the
site;
(b)provide, maintain and operate the development in accordance with the Noise Impact Statement and Material Recovery
and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services; and
(c)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;
and
(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 City of Toronto 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 460 Yonge 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)(a), 4(5)(b), 8(3) Part I 1, 8(3) Part I 3(a), 8(3) Part II 1(a) and 12(2)260(ii) 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 of a residential
addition to a building existing in the year 1998, provided:
(1)the lot on which the existing building and addition are 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 existing building and addition 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 44.9 metres, which height shall be inclusive
of:
(a)a mechanical penthouse to a maximum of 5.4 metres, 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 9 051 square metres;
(5)the non-residential gross floor area does not exceed 3 165 square metres;
(6)there are not more than 93 dwelling units within the building;
(7)at least 52 parking spaces are provided and maintained within a parking facility on a lot within 300 metres of the lot
referred to in section 1(1) for the exclusive use of the residents;
(8)the owner of the lot, at its expense and in accordance with and subject to the agreement referred to in section 1(8)(d)
of this By-law:
(a)contributes $200,000 to the City which shall be expended as follows:
(i)$150,000 shall be provided to the City by way of a cash contribution for the provision of affordable rental housing; and
(ii)$50,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of the
site;
(b)provides, maintains and operates the development in accordance with the Noise Impact Statement and Material
Recovery and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services;
(c)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
(d)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(8) 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.
(Plans to be attached)
The Toronto Community Council also submits the following report (September 9, 1999) from the Acting
Commissioner of Urban Planning and Development Services:
Purpose:
To provide recommendations for approval respecting Application No. 197032 - 460 Yonge Street - to amend the Official
Plan and Zoning By-law of the former City of Toronto to permit a 10-storey addition to an existing 2-storey building for 93
units of rental housing.
Financial Implications:
With the approval of this application, the City will secure financial contributions of $150,000 for the Capital Revolving
Fund for Affordable Housing and $50,000 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 for the former City of Toronto be amended to add a new Section 18 provision substantially as set out
below:
"18.___Lands known as 460 Yonge Street
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 delineated by heavy
lines on Map 18.__, to permit the erection of a residential addition to a mixed-use building existing in the year 1998,
provided that:
(1)the maximum residential gross floor area of the building does not exceed 9,051 square metres;
(2)the maximum non-residential gross floor area of the building does not exceed 3,165 square metres;
(3)the owner of the lands is required by by-law to:
(a)contribute $200,000 to the City which shall be expended as follows:
(i)$150,000 shall be provided to the City by way of a cash contribution for the provision of affordable rental housing; and
(ii)$50,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of the
site;
(b)provide, maintain and operate the development in accordance with the Noise Impact Statement and Material Recovery
and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services;
(c)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;
and
(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.";
(2)the Zoning By-law of the former City of Toronto, 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)(a)Height
4(5)(b)Parking
8(3) PART I 1 and 3(a)Maximum residential and combined residential and non-residential gross floor area
8(3) PART II 1 (a)Setbacks - Window Separation
12(2) 260 (ii)Angular Plane
(b)permit the erection and use of a mixed-use building containing non-residential and residential uses provided:
(i)the residential gross floor area does not exceed 9,051 square metres;
(ii)the non-residential gross floor area does not exceed 3,165 square metres;
(iii)there are no more than 93 residential units in the building;
(iv)the height of the building does not exceed 44.9 metres including a 5.4 metre allowance exclusively for the use as a
mechanical penthouse structure;
(v)52 parking spaces are provided and maintained within a parking facility on a lot within 300 metres of the subject site
for the exclusive use of the residents;
(vi)the owner of the lot, at its expense and in accordance with and subject to the agreement referred to below:
(a)contribute $200,000 to the City which shall be expended as follows:
(i)$150,000 shall be provided to the City by way of a cash contribution for the provision of affordable rental housing; and
(ii)$50,000 shall be provided to the City by way of a cash contribution for the provision of parkland in the vicinity of the
site;
(b)provide, maintain and operate the development in accordance with the Noise Impact Statement and Material Recovery
and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services;
(c)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;
and
(d)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 (vi) and such agreement or
agreements have been registered against the title to the lands;
(3)the owner submit to the Commissioner of Works and Emergency Services:
(a)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
(b)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 the Bills in Council;
(4)(a)the owner be advised of the need to provide information pertaining to the location and configuration of the
off-site parking to the Commissioner of Works and Emergency Services prior to the introduction of the bills in Council;
and
(b)the owner be advised of the need to resolve the issues pertaining to loading identified by the Commissioner of Works
and Emergency Services as set out in Appendix A of the June 28, 1999 report of the Commissioner of Urban Planning and
Development Services.
Background:
At its meeting of July 27, 28, 29 and 30, 1999, City Council adopted Clause No. 12 of Report No. 11 of the Toronto
Community Council and by so doing:
a)approved in principle Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street on
the basis of a public benefits financial contribution of $200,000, pursuant to Section 37 of the Planning Act, for the Capital
Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund; and
b)directed the City Solicitor to give notice for a public meeting to consider draft by-laws necessary to amend the Official
Plan and Zoning By-law to permit this proposal and directed the Commissioner of Urban Planning and Development
Services to bring forward appropriate recommendations for approval in accordance with the comments from Civic
Officials contained in Appendix A of the June 28, 1999 report from the Commissioner of Urban Planning and
Development Services.
This report provides the recommendations for approval as requested.
Comments:
In my report dated June 28, 1999, a review of the application, the nature of the amendments requested, the planning
considerations and the comments from the civic officials were provided. Amendments to the Official Plan and Zoning
By-law requested to accommodate this proposal are set out in the recommendations of this report.
In granting approval in principle, City Council has directed that a financial contribution of $200,000 be made by the owner
for public benefits pursuant to Section 37 of the Planning Act. I provided a discussion of the intent of the Official Plan with
respect to affordable housing and parks deficiency in my June 28, 1999 report. Based on these policies, I am
recommending that $150,000 of the cash contribution be allocated to the Capital Revolving Fund for Affordable Housing
for the development of affordable rental housing and $50,000 be allocated to the East of Bay and Vicinity Reserve Fund for
the development of parkland in this area of the downtown core.
Other Matters:
With respect to the off-site parking requirement for 52 spaces for the residents, information is required from the applicant
regarding the location and configuration of these off-site spaces. This information should be provided to the Commissioner
of Works and Emergency Services for approval prior to the introduction of the bills in Council.
As noted in my June 28, 1999 report, Site Plan Approval will be issued under separate cover upon a final determination of
the Official Plan and Zoning By-law amendments.
The Commissioner of Works and Emergency Services has identified a number of outstanding issues relating to loading and
access to loading which will have to be resolved prior to Site Plan Approval. These issues are set out in the Appendix of
my June 28, 1999 report.
Staff Contact:
Gregg Lintern
Senior Planner, South District, East Section
Community Planning Division
Telephone:(416) 392-7363
Fax:(416) 392-1330
E-mail:glintern@toronto.ca
The Toronto Community Council also submits the following report (August 4, 1999) from the City Clerk:
At its meeting held on July 27, 28, 29 and 30, 1999, the Council of the City of Toronto gave consideration to Clause No.
12 contained in Report No. 11 of the Toronto Community Council, headed "Directions Report - Official Plan Amendment
and Rezoning - 460 Yonge Street (Downtown)".
Council adopted the Clause without amendment, and by so doing:
(1)Approved in principle Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street on
the basis of a public benefits financial contribution of $200,000.00, pursuant to Section 37 of the Planning Act, for the
Capital Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund; and
(2)Directed the City Solicitor to give notice for a public meeting to consider draft by-laws necessary to amend the
Official Plan and Zoning By-law to permit this proposal and directed the Commissioner of Urban Planning and
Development Services to bring forward appropriate recommendations for approval in accordance with the comments from
Civic Officials contained in Appendix A of the report (June 28, 1999) from the Commissioner of Urban Planning and
Development Services, contained in the Clause.
A copy of the Clause can be picked up from the Secretariat Division, City Clerk's Department, 4th Floor, West Tower,
City Hall, 100 Queen Street West, for a nominal charge.
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(Clause 12 of Toronto Community Council Report No. 11)
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Toronto Community Council recommends that
(1)Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street be approved in
principle on the basis of a public benefits financial contribution of $200,000, pursuant to Section 37 of the Planning
Act, for the Capital Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund; and
(2)the City Solicitor be requested to give notice for a public meeting to consider draft by-laws necessary to amend
the Official Plan and Zoning By-law to permit this proposal and the Commissioner of Urban Planning and
Development Services be requested to bring forward appropriate recommendations for approval in accordance
with the comments from Civic Officials contained in Appendix A of the report (June 28, 1999) from the
Commissioner of Urban Planning and Development Services.
The Toronto Community Council submits the following report (June 28, 1999) from the Commissioner of Urban
Planning and Development Services:
Purpose:
To seek City Council's direction on an application to amend the Official Plan and Zoning By-law for 460 Yonge Street. In
considering this proposal for an increase above the permitted height and density, the applicant has been requested to
provide a public benefits contribution which is consistent with the intent of the former City of Toronto Official Plan
pursuant to Section 37 of the Planning Act. The Official Plan seeks to achieve public benefits such as affordable housing,
parks and community facilities in exchange for an increase in height and density.
Staff are requesting that City Council consider either approving the application based on the public benefit contribution
offered by the applicant or refusing the application based on the unacceptability of the public benefit contribution offered
by the applicant.
Financial Implications:
Based on the direction provided by City Council, this application should enable the City to secure a public benefit
contribution pursuant to Section 37 of the Planning Act for the Capital Revolving Fund for Affordable Housing and the
East of Bay and Vicinity Reserve Fund. The amount of the contribution is to be determined.
Recommendations:
It is recommended that:
(1)City Council provide direction to the Commissioner of Urban Planning and Development Services regarding
Application No. 197032 to amend the Official Plan and Zoning By-law for 460 Yonge Street with respect to the following
options in order to secure a public benefits contribution pursuant to Section 37 of the Planning Act, for the Capital
Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund:
(a)application No. 197032 be approved in principle on the basis of a public benefits financial contribution of $150,000;
OR
(b)application No. 197032 be refused on the basis that a public benefits financial contribution of $500,000 is an
appropriate payment to be made in consideration of the increase of height and density requested in this application; and
(2)in the event that City Council directs that the application be approved in principle on the basis of (1) (a) above, the
City Solicitor be requested to give notice for a public meeting to consider draft by-laws necessary to amend the Official
Plan and Zoning By-law to permit this proposal and the Commissioner of Urban Planning and Development Services be
requested to bring forward appropriate recommendations for approval in accordance with the comments from Civic
Officials contained in Appendix A of this report.
Background:
(a)Applicant and Owners
Adam Brown of Brown, Dryer, Karol, Barristers and Solicitors, 5075 Yonge Street, Suite 900, North York, Ontario, M2N
6C6 on behalf of Anbor Corporation, 22 College Street, Suite 103, Toronto, Ontario M5G 1Y6
(b)Location and Context
The 1760.1 square metre site is located at the southwest corner of Yonge and Grenville Streets. The site currently contains
a two-storey commercial building housing 6 retail tenants, a bank and second floor offices.
The site is located in a transitional area between higher buildings in the vicinity of Yonge and College Streets and the
predominantly low rise character to the north. There are mid and high-rise apartment and office buildings to the east and
west of the site. The neighbourhood is mixed-use with street-related retail and service uses on Yonge Street, some
government-related and commercial office buildings, a hotel under reconstruction and residential rental and condominium
apartments. The College Park building is to the south of the site.
(c)Proposed Development
The proposed development is a 10-storey addition above the existing 2-storey building, including one transfer floor
containing amenity, bike parking and storage space and 9 residential floors containing a total of 93 rental dwelling units.
The residential addition is setback from the Yonge Street streetline 15.5 metres.
The total proposed density (existing and new) would be 6.94 times the area of the lot. The existing building density is 1.86
times the area of the lot. The proposed total height, measured from Grenville Street average grade and including the
mechanical penthouse would be 43.9 metres or 38.5 metres to the top of the main roof. Measured from average grade on
Yonge Street, the height is 44.9 metres including mechanical penthouse.
The proposed rental residential units in the building include one, two and two-bedroom+den, ranging in size between 570
square feet and 1480 square feet (53 to 137 square metres).
This final proposal has been modified from the original proposal. The density is the same but the massing of the building
has been scaled back to more closely conform to the angular plane requirement. Notwithstanding this adjustment, the floor
to ceiling heights have been reduced which has facilitated an increase in the number of floors from 9 to 10 and increase in
the unit count from 88 to 93. The total height of the building, which was incorrectly identified in the Preliminary Report
based on information provided by the applicant, has decreased approximately 2 metres.
(d)Public Comments
A community meeting held on July 7, 1998 was attended by approximately 15 people. The issues raised at the meeting
included impact on the property to the south, access and use of the public lane, parking, physical impact on the residential
building northwest of the site, height of the proposal and the functionality of the proposal. These issues are addressed in
this report.
Comments:
1.Planning Controls
(a)Current Official Plan and Zoning By-law
The site is designated Low Density Mixed Commercial Residential Area in the Official Plan and is zoned CR T3.0 C2.0
R3.0 with an 18-metre height limit. The maximum density permitted by the Official Plan and Zoning By-law is 3.0 times
the area of the lot. The Zoning By-law designates this area of Yonge Street as a priority retail street and stipulates angular
plane provisions for buildings over 16 metres in height. The use mix on this portion of Yonge Street encourages residential
uses which distinguishes it from the area to the south where more intensive retailing activity is encouraged.
The lands to the north of the site are designated Low Density Mixed Commercial Residential Area while the lands to the
south, east and west are designated High Density Mixed Commercial Residential Area "B". The zoning reflects the Official
Plan with higher density and height permission to the south, east and west.
(b)Requested Amendments to the Planning Controls
(i)Official Plan
Amendments are required to the Official Plan to permit the increase in density from 3.0 to 6.94 times the area of the lot and
provide for the entering into of an agreement pursuant to Section 37 of the Planning Act, to secure various facilities,
services and matters outlined in this report.
(ii)Zoning By-law
The proposed development does not comply with the Zoning By-law in the following ways:
-the proposed density of 6.94 times the lot area exceeds the permitted total density of 3.0 times the area of the lot while
the proposed residential density of 5.14 exceeds the permitted residential total of 3.0 times the area of the lot;
-the by-law requires a minimum of 63 parking spaces; no on-site parking is proposed;
-the proposed building penetrates the angular plane of 44 degrees measured from an elevation of 16 metres at the street
line;
-the permitted height of 18 metres is exceeded; proposed height is 44.9 metres;
-minimum setbacks of 5.5 metres from the south lot line are not provided; proposed are 4.36 and 5.16 metres.
(c)Site Plan Approval
Site Plan Approval will be issued under separate cover upon a final determination of the Official Plan and Zoning By-law
amendments.
2.Planning Considerations
In determining the appropriateness of the proposal, it is relevant to consider the increase in density and height requested in
terms of consistency with the objectives and policies of the Official Plan. The comments of the public have also been taken
into account.
(a)Density and Height
The density of the proposal is more than double the permitted density on the lot which is a substantial increase. It is,
however, within the range of densities found in residential, office and hotel buildings in the immediate vicinity.
The proposed increase above the permitted height limit is also substantial. Nevertheless the overall height of the proposed
building is similar to the height of the recently completed residential building to the northwest of the site on Grenville
Street and slightly less than the height of the reconstructed hotel building to the northeast of the site on Yonge Street.
(b)Contextual fit
The site is located between the predominantly low scale retail strip to the north and the higher density built-up area to the
south, east and west. This context supports consideration of an increase in height on this site provided the building is
transitional in character to mitigate the difference in development intensity and scale between these areas.
The surrounding context has been built out over a number of years during which regulatory controls and planning policy
have been modified to achieve more predictable built form with a greater emphasis on the impact of development on the
public realm. The most recently constructed building in the area at 10 - 18 Grenville Street which has a density of 9.3 times
the area of the lot, was carefully massed to mitigate impact and create a transition to the lower scale of development along
Yonge Street. The height of the proposed building and the setback of the building addition from Yonge Street help to
achieve similar urban design objectives.
The intensification of this site is generally in keeping with the City's efforts to encourage the revitalization of Yonge Street
in the downtown. The site is within the existing Downtown Yonge Street Community Improvement Project Area and the
lands to the north are situated within an extension to the Project Area currently being considered for a Community
Improvement Plan amendment. In this area of extension, for example, the City will be pursuing the facade improvement of
retail storefronts along Yonge Street.
The maintenance of street related retail and service uses along Yonge Street is consistent with retail policies of the Official
Plan. The use of Grenville Street as the residential "address" also contributes to the contextual fit of the building.
(c)Evaluation of Physical Impact
(i)Shadow
The angular plane provisions of the Zoning By-law require a five hour window of sun penetration on Yonge Street at this
location. The evaluation of an as-of-right scheme which complies with the angular plane requirements compared to the
proposed scheme revealed that approximately 4 hours of sunlight can be achieved, primarily due to existing conditions in
this area which is comprised of some taller buildings built to the street line. The shadow impact has been addressed
satisfactorily given these conditions.
(ii)Wind
A wind study was not requested of the applicant due to the proposed massing of the building which creates a desirable
podium condition which mitigates the wind impact on the public realm.
(iii)Massing
The proposed massing responds to the lower scale of development to the north by setting back the building addition above
the 2-storey podium 15.5 metres from the street line. This podium will improve the amenity of Yonge Street and of the
proposed residential units. With respect to Grenville Street, the proposal includes a small setback above the third floor
creating a cornice treatment which responds to other cornice and setback treatment along Grenville Street.
(iv)Light, View, Privacy and Amenity Space
The proposal generally meets the City's standards with respect to light, view and privacy. While the building setback from
the south lot line is less than the Zoning By-law requirement, the windows on the south elevation are secondary, with
principal windows facing east and west.
The proposal includes the required amount of indoor amenity space, located on the transfer or third floor and double the
amount of the required outdoor amenity space, largely located on the podium roof along Yonge Street.
(c)Parks
This site borders large areas of the Central Core which are deficient in parks to serve the population of workers and
residents as set out on Map 6 of the former City of Toronto's Official Plan. In considering the proposed increase in height
and density, it is appropriate to consider how the application may serve to mitigate these park deficiencies. This
opportunity is discussed in the context of Section 37 Public Benefits below.
(d)Parking, Loading and Traffic
The Commissioner of Works and Emergency Services has advised that 57 parking spaces for the exclusive use of the
residents must be provided, which can be leased off-site within 300 metres of the site and must be surplus to the Zoning
By-law requirements of the donor site. This is less than the anticipated demand of 118 spaces. Given the constraints
imposed by the retention of the building, the fact that no parking is required for the non-residential components of the
building and the proximity to public transit, the off-site parking arrangement is acceptable.
While the Zoning By-law requires 1 Type G loading space as proposed, the Commissioner of Works and Emergency
Services foresees additional demand and requires further documentation outlining how the proposed loading space will
accommodate expected demand. Further details are also required with respect to refuse collection.
These issues should be resolved to the satisfaction of the Commissioner of Works and Emergency Services prior to the
introduction of any bill in Council.
(e)Housing Intensification and Affordability
Policies of the former City of Toronto Official Plan and Metroplan support housing intensification in the Central Core. The
addition of 93 rental units proposed in this application achieves intensification in accordance with this planning policy.
There are also policies in the former City of Toronto Official Plan and Metroplan which encourage the provision of
affordable housing. While it is recognized that this proposal is for private market rental housing, it does involve a
substantial increase in height and density. The market rents of the proposed units will exceed what is considered affordable
rents. As the provision of market rental housing is not in itself a consideration which justifies the increase in height and
density which is requested, options have been discussed with the applicant which may assist in achieving the housing
objectives pursuant to Official Plan policies. These options are discussed below.
(f)Section 37 Public Benefits and Agreement
(i)Background
The former City of Toronto Official Plan contains policies which seek to secure public benefits as part of an application
which includes a request for an increase in height and density. These benefits include but are not limited to social housing,
non-profit community, cultural and institutional facilities, heritage preservation and parks. Ideally, these benefits are
provided and secured as part of the proposed development on the site (e.g. a social housing development, the dedication of
a piece of the site for a park, an on-site daycare). If these public benefits cannot be included on site, a financial contribution
in-lieu is provided. The means by which these benefits are commonly secured is through an agreement pursuant to Section
37 of the Planning Act. The Official Plan sets out a principle that there should be a relationship between the value of the
increase in height and density and the cost of providing the public benefit.
The approval of Official Plan and Zoning amendments is a mechanism which can be used to achieve public benefits and
other objectives of the Official Plan. It is based in part on the acknowledgement that development which includes an
increase in height and density is a substantial private benefit. This kind of development should in some form contribute to
both local and city-wide planning objectives expressed throughout the Plan (e.g. the shortage of affordable housing, the
need to preserve heritage buildings, the need to address parks deficient areas and meet other community facility needs).
For example, the aforementioned development northwest of the subject site at 10 - 18 Grenville Street, built in 1995,
exceeded both the height and density limits on the site. While the proposal was consistent with urban design and built form
objectives for the area, it also provided a substantial on-site public benefit in the form of social housing which is consistent
with achieving on-site public benefits when height and density increases are considered. The social housing benefit was
secured through a legal agreement with the City.
It should be noted that public benefits secured through Section 37 are in addition to and separate from payments to the City
for parkland contribution levies pursuant to Section 42 of the Planning Act and any development charges which may be
applicable. Contributions made pursuant to Section 37 are made specifically as a result of and in exchange for an increase
in height and density in recognition of the need to achieve planning objectives set out in the Official Plan.
(ii)Application
As discussed above with respect to affordable housing policy, the provision of market rental housing is not in itself a fact
which justifies the increase in height and density which are requested. The market rents of the proposed units will exceed
what is considered affordable rents. In lieu of on-site public benefits, staff have requested a financial contribution from the
applicant which could be considered appropriate considering the value of the increase in height and density being requested
and the cost of providing public benefits.
Public benefits being considered in association with this application are financial contributions to the City's Capital
Revolving Fund for Affordable Housing and the East of Bay and Vicinity Reserve Fund for parks. Contributions to these
funds would be a net benefit to the community, consistent with the intent of the Official Plan.
The applicant has argued that the provision of rental housing is, in itself, a public benefit. In addition, the applicant has
offered two alternatives with attributable value:
(a)an offer to enter into an agreement with the City that 10 of the proposed 93 units will be rented for $200 less than the
market rent for a period of 10 years; or
(b)a financial contribution of $150,000.
It is staff's view that the provision of market rental housing is not in itself a fact which justifies the increase in height and
density which are requested. Furthermore, the applicant and staff have been unable to agree on the value relationship
between the increase in height and density and the cost of providing a more reasonable and fair measure of public benefits.
After consulting with the Director of Real Estate, staff have concluded that the values of the two alternatives offered by the
applicant are not fair and reasonable, taking into account the existing Official Plan Section 37 provisions and other
development approvals in the downtown.
Staff have considered the rent reduction alternative and are of the view that the rent reduction being offered on the 10 units
would still not achieve affordable rent levels. As an alternative, the applicant has offered $150,000. Staff have requested a
contribution of $500,000, which would be more representative of the value of the increase and the cost of providing some
reasonable and fair measure of public benefits.
As there is a considerable gap between the positions of staff and the applicant, it is appropriate to present the option of
accepting the applicant's offer to Council or refusing the application based on the inadequate nature of the Section 37
contribution.
Conclusion
This application has been evaluated on the basis of its consistency with the objectives and policies of the Official Plan.
While the built form is acceptable and impacts of the proposed development have been mitigated, the increase in the height
and density of the proposed development is substantial. In order for the increase in height and density to be acceptable, it
must meet all the tests of good planning including the provision of a net community benefit. It is appropriate that Council
only approve this application in concert with the provision of certain public benefits, pursuant to Section 37 of the Planning
Act. The value of the increase in height and density and the cost of providing public benefits must have some fair and
reasonable relationship.
The applicant has offered $150,000 in lieu of on-site public benefits. After consulting with the Director of Real Estate,
planning staff have indicated that a value of $500,000 is more in keeping with the value of the increase in height and
density and the cost of providing public benefits.
City Council is being asked to provide direction to staff on how to proceed with this application. Council can accept the
applicant's offer or refuse the application on the basis that the public benefits package is insufficient.
Contact
Gregg Lintern
Senior Planner, South District, East Section
Community Planning Division
Telephone: (416) 392-7363
Fax:(416) 392-1330
E-mail:glintern@toronto.ca
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Application Data Sheet
Site Plan Approval: |
Y |
|
Application Number: |
197032 |
Rezoning: |
Y |
|
Application Date: |
December 31, 1997 |
O. P. A.: |
Y |
|
Date of Revision: |
February 5, 1999 |
Confirmed Municipal Address:460 Yonge Street.
Nearest Intersection: |
West side of Yonge Street; north of College Street. |
|
|
Project Description: |
To construct a residential addition to an existing commercial building. |
Applicant:
Adam J. Brown
5075 Yonge St #900
222-0344 |
Agent:
Adam J. Brown
5075 Yonge St #900
222-0344 |
Architect:
Climans Green Liang
160 Pears Ave., #212
925-8100 |
Planning Controls (For verification refer to Chief Building Official)
Official Plan
Designation: |
LDMCRA |
Site Specific
Provision: |
No |
Zoning District: |
CR T3.0 C2.0 R3.0 |
Historical Status: |
No |
Height Limit (m): |
18.0 |
Site Plan Control: |
Yes |
Project Information
Site Area: |
1760.1 m2 |
|
Height: |
Storeys: |
12 |
Frontage: |
45.9 m |
|
|
Metres: |
44.9 |
Depth: |
38.4 m |
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
Ground Floor: |
|
|
Parking Spaces: |
|
|
Residential
GFA: |
9050.7 m2 |
|
Loading Docks: |
1 |
|
Non-Residential
GFA: |
3164.6 m2 |
|
(number, type) |
|
|
Total GFA: |
12215.3 m2 |
|
|
|
|
Dwelling Units |
Floor Area Breakdown |
Tenure: |
Rental |
Land Use |
Above
Grade |
Below
Grade |
1 Bedroom: |
50 |
Residential |
9050.7 m2 |
|
2 Bedroom: |
25 |
Retail |
3164.6 m2 |
|
3 Bedroom: |
18 |
|
|
|
Total Units: |
93 |
|
|
|
Proposed Density |
|
|
Residential Density: 5.14 |
Non-Residential Density: 1.80 |
Total Density: 6.94 |
The proposal for the above-noted site, located at the south-west corner of Yonge Street and Grenville Street, was dealt with
in a Departmental report to you dated July 22, 1998.
-Indicate on the Site Plan Statistics that a 53.2 m2 garbage room and a 10 m2 recycling room will be provided;
-Provide double doors measuring 2.1 m in width, leading to the loading facility from each storage room;
-Provide a concrete base pad with a slope not exceeding 2 per cent adjacent to the front of the Type G loading space for
the storage of at least 3 compactor containers on collection day.
As a result of the increase in the total number of residential units, the estimated parking demand generated by this project
has increased to 118 spaces, including 57 spaces for the exclusive use of the residents and 61 spaces for the shared use of
the residential visitors and the non-residential components of the project. As far as can be ascertained the Zoning By-law
requires the provision of 57 parking spaces for the residential component, whereas, no spaces are required for the
non-residential component of the project.
As set out in the previous Departmental report, given the constraints imposed by the retention of the existing building, that
the Zoning By-law does not require parking for the existing non-residential components of the project and recognizing the
proximity of the site to public transit, the non-provision of parking for the non-residential components is acceptable.
However, the 57 parking spaces required for the residents, must be provided, which can be leased off-site, within 300 m of
the site and be surplus to the Zoning By-law requirements of the donor site. The location, layout, access arrangements and
lease arrangements for the off-site parking spaces have not yet been provided and shown on a plan as previously requested.
The plans have been revised to show the provision of 1 Type G loading space, which is less than the estimated loading
demand generated by the development for 1 Type G, 1 Type B and 1 Type C loading spaces, based on the shared use of the
loading spaces by the residential and non-residential components of the project, whereas, as far as can be ascertained, the
Zoning By-law requires the provision of 1 Type G loading space to serve the residential component of the project. This
Department has not yet received documentation outlining how the expected loading demands generated by this
development will be accommodated utilizing the proposed loading area, as set out in the July 22, 1998 Departmental
report.
A garbage storage room (undimensioned) and a separate recyclable materials storage room of 10 m2, designed with double
doors leading to the loading facility have been shown on the plans and are acceptable. However, the plans should be
revised to indicate the size of the garbage storage room.
The facilities required to facilitate City refuse collection, including a Type G loading space designed to permit trucks to
enter and exit the site in a forward motion, as set out in the July 22, 1998 Departmental report has been provided and are
acceptable. It is noted that trucks accessing the Type G loading space will be required to drive over a portion of the grating
over the transformer vault, which is located at the rear of the loading space. This grating should be constructed to the
requirements of the Ontario Building Code, to withstand the loads imposed by City bulk-lift loading collection vehicles
and the owner must accept all liability for any damage that may be caused, through the regular use of the area by these
vehicles.
As a result of the foregoing, Recommendation Nos. 1(e), 1(l) and 1(p) of the July 22, 1998 Departmental report should be
revised as follows:
1(e)Provide and maintain a minimum of 57 parking spaces for the residents, which may be provided off-site, within 300
m of the subject site;
1(l)Construct the Type G loading space and all driveways and passageways providing access thereto to the requirements
of the Ontario Building Code, including allowance for City of Toronto bulk-lift vehicle loading with impact factors where
they are to be built as supported structures;
1(p)Submit revised drawings with respect to Recommendation Nos. 1(e), 1(f), 1(g) and 1(h) above, for the review and
approval of the Commissioner of Works and Emergency Services;
and Recommendation No. 1(q) should be added as follows:
1(q)Construct the grating over the Toronto Hydro Transformer Vault, to applicable City standards to withstand truck
traffic and accept all liability for any damages that may be caused to the grating through the regular use of the area by City
garbage trucks, if applicable.
2.Works and Emergency Services, dated July 22, 1998.
(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development;
(b)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a
bill in Council:
(i)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within
the development; and
(c)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency
Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved
by the Commissioner of Works and Emergency Services;
(d)Provide, maintain and operate the material recovery and waste reduction and noise impact measures, facilities and
strategies stipulated in the respective plans approved by the Commissioner of Works and Emergency Services;
(e)Provide and maintain a minimum of 52 parking spaces for the residents, which may be provided off-site, within 300 m
of the subject site;
(f)Submit plans showing the location and configuration of the off-site parking spaces required in Recommendation No.
1(e) above, for the review and approval of the Commissioner of Works and Emergency Services;
(g)Submit documentation identifying the loading demands generated by this project and how they will be accommodated,
for the review and approval of the Commissioner of Works and Emergency Services;
(h)Provide and maintain a garbage room at least 20 square metres in size in the residential component of the project and
install and maintain a stationary compactor unit, to City specifications, in the garbage room;
(i)Provide and maintain a room at least 10 square metres in size to drop-off and store recyclable material, separate from
the garbage room;
(j)Provide and maintain a double door or an overhead door, totalling at least 2.1 m in width, leading to the loading
facility from each storage room;
(k)Provide and maintain 1 Type G loading space on the site, with a generally level surface and access designed so that
trucks can enter and exit the site in a forward motion;
(l)Construct all driveways and passageways providing access to and egress from the Type G loading space with a
minimum width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside
turning radii of 9 m and 16 m;
(m)Provide and maintain a level service connection between the garbage room and recycling room and the Type G
loading space for the transporting of container bins;
(n)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading
space for the storage of at least 3 compactor containers on collection day;
(o)Submit to the Commissioner of Works and Emergency Services, final approved drawings of the development with
sufficient horizontal and vertical dimensions of the exterior walls of the building envelope plans, and such plans should be
submitted at least 3 weeks prior to the introduction of bills in Council;
(p)Submit revised drawings with respect to Recommendation Nos. 1(e), (f), (h), (i), (j), (k) and (n) above, for the review
and approval of the Commissioner of Works and Emergency Services;
(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance;
(b)Of the need to receive the approval of the Commissioner of Urban Planning and Development Services for the
proposed canopy within the Grenville Street road allowance; and
(c)Of the City's requirement for payment of a service charge associated with the provision of the City containerized
garbage collection.
South-west corner of Yonge Street and Grenville Street.
Construction of a 9 storey, 88-unit residential addition to an existing 2-storey commercial building which comprises 172.58
mē of retail space, 426.55 mē of bank space, 800.3 mē of restaurant space and 1,897.58 mē of office space. The commercial
uses would be retained and the residential units would be rental housing.
No parking is currently provided on-site and none are proposed in conjunction with this project. The estimated parking
demand generated by this project, is 109 spaces, including 52 spaces for the residents and 57 spaces for the shared use of
the residential visitors and the non-residential components of the project. The preliminary Zoning By-law Review Notice
indicates that 57 spaces are required under the provisions of the Zoning By-law for the residential component, whereas,
none are required for the non-residential components of the project. While the parking demand generated by the existing
commercial uses would appear to be accommodated in the public parking facilities in the area, it is not clear how the
parking demand generated by the residents of this project will be accommodated.
Given the constraints imposed by the retention of the existing building, that the Zoning By-law does not require parking for
the existing non-residential components of the project, and recognizing the proximity of the site to public transit, the
non-provision of parking for the non-residential components is acceptable. Also, the provision of residential visitor parking
off-site would not be practicable, although a variance to the visitor parking requirements of the Zoning By-law would be
required. However, the 52 parking spaces required for the residents must be provided, which can be leased off-site, within
300 m of the site and be surplus to the Zoning By-law requirements of the donor site. The location, layout, access
arrangements and lease arrangements for the off-site parking spaces should be provided and shown on a plan.
The abutting 5.49 m wide north-south lane is a substandard commercial public lane, which ultimately should be widened to
a minimum of 6 m in accordance with City Council standards. Given that the existing building to be retained extends to the
east limit of the lane, it is not practicable to require a lane widening in this instance.
The plans show the provision of one Type B loading space at the west limit of the site, with direct access from the abutting
public lane. This is less than the estimated loading demand generated by the development for one Type G, one Type B and
one Type C loading spaces, based on the shared use of the loading spaces by the residential and non-residential
components of the project, whereas, as far as can be ascertained, the Zoning By-law requires the provision of 1 Type G
loading space to serve the residential component of the project. Negative impacts on the abutting street could result if the
loading demand generated by this project is not satisfied on site. In this regard, the owner must submit documentation
outlining how the expected loading demands generated by this development will be accommodated utilizing the proposed
loading area. As discussed below, a Type G loading space is required to qualify for City bulk lift refuse collection.
Residential developments of this size are typically serviced by the bulk lift method of refuse handling and disposal, in
accordance with the Municipal Code, Chapter 309, Solid Waste. This requires, among other things, the provision of a Type
G loading space and sufficient manoeuvring area for trucks to safely enter and exit the site in a forward motion, and the
provision of the following facilities:
-a garbage room with a minimum size of 20 mē, equipped with a stationary compactor;
-a service corridor linking the retail component with the garbage and recyclable storage rooms;
-a Type G loading space located on site and designed such that garbage trucks using the loading space are able to enter
and exit the site in a forward motion; and
-a concrete pad adjacent to the front of the Type G loading space for the storage of 3 container bins on collection day.
The existing Type B loading space must be enlarged to the dimensions of a Type G loading space. This will require the
existing building to be retrofitted. The plans show the provision of a 26.08 mē garbage storage room and a separate 8.35 mē
recyclable materials storage room. The size of the recyclable materials storage room is insufficient to accommodate the
amount of recyclable materials generated by the residential component of this project. The compactor required in the
garbage storage room must be compatible with the charger door on the City's bulk lift containers. The dimensions of the
charger door are 91.44 cm horizontally and 72.39 cm vertically and the compaction level of the unit should not exceed 800
p.s.i.
The refuse generated by the non-residential components of this project will exceed the volume limits set out in the
Municipal Code, Chapter 309, Solid Waste, and therefore, must continue to be collected by a private refuse collection firm.
Furthermore, it is necessary for the owner to submit a material recovery and waste reduction plan to this Department for
review and approval, the details of which are set out below.
It is the policy of City Council to levy a service charge on all new developments, payment of which is a condition for
receiving City containerized garbage and recycling collection. The levy is currently $34.50 per month, including taxes,
multiplied by the number of garbage containers on site. The levy includes the provision and maintenance of City garbage
and recycling containers. Should the owner choose to provide private garbage containers, the levy will still be charged and
the containers must meet City specifications and be maintained privately at the expense of the building owner. Further
information regarding the above can be obtained by contacting the Operations and Sanitation Division at 392-1517.
The owner is required to submit a Material Recovery and Waste Reduction Plan with respect to the commercial component
of this development which will include:
(a)A description of the waste composition which is generated by the commercial component of this development and the
quantity of each category of waste material;
(b)A description of the policies, programmes, processes and equipment which are in place to carry out material recovery
and waste reduction;
(d)Separate accommodation for the recovery, safe storage and disposal of hazardous waste, if any.
The owner is advised that staff of the Operations and Sanitation Division (telephone no. 392-1040) will assist in the format
and content requirements in the preparation of the plan.
The existing water distribution and sanitary sewer systems are adequate to serve this development.
The existing encroachments on Grenville Street are covered by an agreement registered on April 2, 1990, as Instrument No.
CA83623. The project includes the installation of a canopy which will encroach onto the Grenville Street road allowance
and, as a result, will require the submission of a separate application to your Department.
Approval for any work to be carried out within the street allowances must be received by this Department.
3.Urban Planning and Development Services (Buildings), dated March 10, 1999.
Plans prepared by:Climans Green Liang Architects Inc.Plans dated: February 5, 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 by-law requires a minimum of 63 parking spaces be provided. The number of proposed parking spaces is 0.
(Section 4(5)(b))
2.Bicycle parking spaces have not been provided in the following proportion: 56 bicycle parking spaces for the occupants
of the building and 14 bicycle parking spaces for the visitors of the building. (Section 4(13)(c))
3.The by-law limits the maximum combined non-residential gross floor area and residential gross floor area to not more
than 3.0 times the area of the lot: (5,280.27) square metres. The proposed building has 12,215.27 square metres of
combined non-residential gross floor area and residential gross floor area. (Section 8(3) PART I 1)
4.The by-law limits the maximum residential gross floor area to not more than 3.0 times the area of the lot: (5,280.27)
square metres. The proposed residential gross floor area of the building is 9,050.71 square metres. (Section 8(3) PART I
3(a))
5.The by-law requires the building to be within the 44 degree angular plane projected over the lot from an elevation of 16
metres over the street line. The proposed building penetrates the angular plane. (Section 12(2) 260(ii))
6.The maximum permitted height of 18.0 metres is being exceeded. Proposed is 44.88 metres. (Section 4(2)(a))
7.The minimum required 5.5 metre setback from the south lot line has not been provided. Proposed is 4.36 metres and
5.16 metres.
1.The proposal requires Site Plan approval under Section 41 of the Planning Act.
2.The proposal requires conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the
Planning Act.
3.The proposal DOES NOT require City Council's approval pursuant to the provisions of the Rental Housing Protection
Act, 1989.
4.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.
5.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with
all relevant provisions of the Ontario Building Code.
4.Toronto Transit Commission, dated March 17, 1998.
It is noted that the Yonge subway line is adjacent to the subject site. It will, therefore, be necessary for the developer to
obtain approval of site and foundation plans (5 sets) from the TTC (Attention: Domenic Garisto - Property management
Department) prior to receiving a building permit. The following supporting documentation is also requested:
Subsequent approval of the foregoing development is subject to any conditions that may be specified to the applicant by
Mr. Garisto.
Please inform the applicant that the Commission will not accept responsibility for the effects of transit operations on the
building or its occupants. Since noise and vibration may be transmitted from street traffic and from our transit operations,
the developer should apply attenuation measures so that the levels of noise and vibration in the proposed development will
be at the lowest level technically feasible. The developer should inform prospective purchasers and lessees, through a
clause in the purchase or rental agreements, of the potential for noise and vibration intrusions and the fact that the TTC
accepts no responsibility for any such affects.
5.Toronto Catholic School Board, dated April 28, 1998.
Please be advised that students emanating from the above-noted development could be accommodated in permanent
facilities at Our Lady of Lourdes Catholic School (JK-8) and the proposed Marshall McLuhan Catholic Secondary School.
The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, a communication (July 15, 1999) from Mr. Dave Irwin, and a copy thereof is on file in the office of
the City Clerk.
The following persons appeared before the Toronto Community Council in connection with the foregoing matter:
-Mr. Dave Irwin, Toronto, Ontario; and
-Mr. Adam Brown, Brown Dryer Karol.
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