February 23, 2000

To: Etobicoke Community Council

From: Director, Community Planning, West District

Subject: Request to Lift the 'H' Holding Symbol from Humber Bay Shores (Motel Strip) By-law 1994-197 and Site Plan Approval

Intracorp Properties - 2067 Lake Shore Boulevard West

File No. Z-2304

Lakeshore-Queensway

Purpose:

To consider an application for site plan control approval and lifting of the 'H' Holding provisions from By-law 1994-197 to permit a 92-unit condominium building.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that:

(1) The application for Site Plan Control Approval to permit the development of a 92 unit residential condominium, and the proposed lifting of the Holding 'H' provisions of By-law 1994-197 be approved subject to the conditions outlined in this report and the holding of a Public Meeting which is scheduled for March 23, 2000; and

(2) That the By-law lifting the 'H' symbol from the property be forwarded to Council, subject to confirmation that the holding provisions within Schedule 'F' of By-law No. 1994-197 have been satisfied.

Background:

An application for Site Plan Control Approval and the lifting of the Holding 'H' provisions from By-law 1994-197 was filed on October 29, 1999, by Intracorp Developments to permit an 84-unit condominium apartment building and 8 townhouse units.

The subject site is located within the Humber Bay Shores Development area, formerly known as the Motel Strip. The by-law pertaining to Humber Bay Shores (1994-197) was approved by the Ontario Municipal Board on February 28, 1996, and establishes land uses, development standards, as well as a number of conditions which must be fulfilled prior to the approval of a site plan application, and the lifting of the holding 'H' provisions.

The review process set out in Section 15.8.3 of the Motel Strip Secondary Plan provides for the concurrent processing of the site plan and an application to lift the 'H' symbol, which has resulted in the combined application now before the Community Council. The Plan also requires a Public Meeting to be held, which is scheduled for March 23, 2000. In addition, a community meeting was held on November 29, 1999, to receive public input, and to review the project's compliance with the built-form guidelines set out in Appendix 'A' of the Official Plan. The results are detailed in the Community Meeting section of this report.

Staff note that Prombank Investments are proposing a 17-storey condominium and 5-storey building at the waters edge on the adjacent site to the north abutting Palace Pier Court, which is also before Community Council at this time.

Proposal

The applicant proposes to develop the site with 92 residential condominium apartments, including a 12-storey 84 unit building and 8 townhouse units, and a small commercial component (coffee shop) adjacent to Lake Shore Boulevard West.

This narrow triangular site is widest at Lake Shore Boulevard and tapers toward Waterfront Drive. The design concept locates the taller building element west of the mid-block private Right-of-way C and the 3-storey townhouse component east of this mid-block Right-of-way. The taller building element has been sculpted and articulated to complement the unique shape of the site, and also meet the set-back requirements of the Humber Bay Shores By-law, and the built form guidelines set out in Appendix A of the Motel Strip Secondary Plan.

Attachment Nos. 1 and 2 are the key plan and site plan. Attachment Nos. 3, 4, 5, 6, and 7 are reductions of the building elevations.

The site data for the project are as follows:

Official Plan: Mixed Use (C-65-86)

Zoning: Mixed Use Holding (MU-H) By-law 1994-197

Site Area: 5552 m² 59,760 sq. ft.

Gross Floor Area: 10,703 m²

Floor Space Index (FSI): 1.93

Building Coverage: 772 m² 19,074 sq. ft. 32%

Landscaped Area: 3,180 m² 40,686 sq. ft. 68%

Paved Area: 1,625 m²

Total Number of Units 92

Apartment

1-bedroom 10 one bedrooms

2-bedrooms 74 two bedrooms

Townhouse 8 three bedrooms

Average Unit Size 100 m² 1,076 sq. ft.

Building Height: 12-storey (36.7 metres) apartment

3-storey (11.8 metres) townhouse

Parking Required: 147 spaces

1.6 per unit

Parking Provided: 167 spaces

Access to the site is provided by an entrance on the extreme southerly side of the site leading directly into the underground garage. Loading, service area, pick-up/drop off and main entrance are provided adjacent to this driveway, which does not connect directly to the mid-block private Right-of-way C. The applicant proposes that Right-of-way C be reserved as a view corridor and hard landscaped area, with a potential future connection to Palace Pier Court if agreement can be reached with the abutting owner, Prombank Investments.

A portion of the 12-storey building currently projects into Right-of-way C above the 6m height level (on floors 1, 2 and 3), which is permitted by By-law 1994-197. Below 6m however, no structures are permitted, and the applicant will be required to either eliminate the supporting columns or reorientate them so as not to preclude future access under the proposed building.

An amenity area and open terrace for future tenants is provided on the third level of the building, projecting into Right-of-way C. The townhouses will feature private amenity terraces along the south side of the property, and will access a public pedestrian walkway on the north side of the property, which connects Lake Shore Boulevard to Waterfront Drive. In addition, each unit will have a private entrance with direct access from parking in the underground garage level.

Site Plan Considerations

Concurrent applications for site plan approval on both the subject site and adjacent site (Prombank) have provided an opportunity for staff to assess this project and site plan in terms of key development criteria set out in the Official Plan and By-law. In this regard, two issues are of note.

Firstly, the Plan and By-law provide for an internal mid block north/south road network, (i.e. Right-of-way C) which is intended to organize access, provide views through the site, and separate building heights. The intent is also to discourage access from Lake Shore Boulevard West which is less desirable from a traffic operations perspective. In the present instance, the owner of the abutting site (Prombank) is apparently not prepared to voluntarily provide access to Intracorp Properties from Palace Pier Court across their property. This would leave independent access from Lake Shore Boulevard West the only option for the Intracorp property.

Staff have worked with the applicants to secure the necessary private Right-of-way C connection which is intended to line up with a similar Right-of-way C private easement on the abutting Prombank property connecting to Palace Pier Court. Although staff would prefer that there is a single access from Palace Pier Court serving both developments, City Legal has advised that the City cannot compel the abutting owner to provide access, nor can they deny the existing right of access to Intracorp Properties on Lake Shore Boulevard West. Short of a City initiative to expropriate this road for public purposes, the present arrangement would be acceptable.

Staff note that the applicant has submitted a traffic study prepared by BA Consultants Inc. which confirms the acceptability of the Lake Shore Boulevard access and this has been accepted by staff of Works and Emergency Services.

Currently, the proposed servicing/moving area, drop-off/pick up, garbage pickup are also provided off Lake Shore Boulevard West with no through access to Right-of-way C. The applicant is currently in the process of redesigning this area to meet the requirements of Works and Emergency Services staff and ensure that the area is adequately screened from the abutting property to the south, and Lake Shore Boulevard. This is included as a condition to this report.

Secondly, the plan provides that where an application is submitted on lands having less than 70 metres, the owner must satisfy Council that any remaining lands within the same urban block can be developed in accordance with the development standards identified in 15.8.0 of the Secondary Plan. If this can be demonstrated, then development can proceed, notwithstanding the deficiency in frontage. Neither the Intracorp property, or the adjacent Prombank site is able to provide the 70m frontage requirement on Lake Shore Boulevard West which the Secondary Plan provides for in connection with new development.

In this instance, the applicant is able to meet all of the development standards and built form guidelines (see Attachment No. 8), and therefore, no negative impact on the abutting Prombank property is anticipated. Given the narrow configuration of the Intracorp and Prombank site, final elevations and building materials, particularly with respect to the podium element on Lake Shore Boulevard West and the townhouses on Waterfront Drive should be subject to detailed review by the Staff Advisory Committee on Development Control in order to achieve complimentary design.

It remains an important objective to achieve pedestrian connections through the development sites. The applicant is proposing a public walkway along the north side of the site connecting Waterfront Drive to the mid-block Right-of-way C. This should be subject to a Section 41 agreement under the Planning Act, to achieve the desired level of design and lighting and maintain maintenance. It is noted that this walkway would be connected to Palace Pier Court by provision for a walkway along Right-of-way C on both the subject property and on the abutting Prombank site to achieve continuous pedestrian access to Palace Pier Court.

Agency Comments

In response to the circulation of plans submitted, no objections have been expressed by Toronto Hydro, Canada Post and the Building Division. The technical requirements of these departments are included as conditions to this report.

The Technical Services Division of the Works and Emergency Services Department have noted that the developer will be financially responsible for all work proposed in the road allowances, and will be required to provide services, sign an agreement and post financial guarantees as may be required.

There are existing watermains on both Waterfront Drive and Lake Shore Boulevard West to service this site. A sanitary sewer currently exists on an easement on Lake Shore Boulevard West, and an application is required for any new service connections.

It is noted that although there is a storm sewer on Lake Shore Boulevard West, this was designed to only accommodate flow from the road itself. There is no storm sewer abutting the site on Waterfront Drive. The applicant has been, therefore, requested to submit a stormwater management/servicing report and proposal, which is a requirement of the lifting of the 'H' Holding designation.

Staff note that the ramp for the proposed underground garage currently projects into the existing public easement and road widening on Lake Shore Boulevard West. The applicant is advised to verify the location and width of this public easement adjacent to the subject property. The applicant will be required to remove this encroachment, as a condition of this report. The applicant will be required to provide streetscape improvements along the Lake Shore Boulevard West frontage including new sidewalks, street light standards and luminaries, and other upgrading of the boulevard in accordance with a streetscape design presently being formulated by City staff, or otherwise provide for financial guarantees to ensure the same.

The school boards have yet to comment on the application. The staff of the Toronto Board have verbally indicated that, although the need for additional school facilities are not anticipated at this time, a cash contribution for future capital costs may be required. A formal comment should be available for the community meeting. Staff note that one of the conditions to the lifting of the 'H' Holding by-law, requires the approval of both school boards.

Parks and Recreation Services have verbally advised that the applicant will have to contribute to the Park fund at a ratio of .5 ha per 300 units which staff have included as a condition to approval. Detailed comments should be available at the public meeting.

Community Meeting

In accordance with the review process set out in the Secondary Plan, a Community Meeting was held on November 29, 1999. The project was generally well received and found to implement the built form guidelines set-out in Appendix A of the Secondary Plan. Issues identified related to a traffic concern on Lake Shore Boulevard West, the safety of the proposed walkway on the north side of the property connecting Waterfront Drive to Lake Shore Boulevard West and the need for a pedestrian sidewalk on Palace Pier Court as well as removal of existing visitor parking.

With respect to traffic issues, staff note that there is a comprehensive traffic plan in place that indicates there is sufficient capacity to meet the needs of all new development. Each application is required to be accompanied by a traffic impact study and the traffic along Lake Shore Boulevard West will be reviewed on an ongoing basis in the context of these studies. The traffic study submitted in conjunction with this application is generally acceptable to transportation planning staff, although further review is still required to accommodate servicing and drop-off pick-up areas which occur from this Lake Shore Boulevard West access.

The applicant on the abutting site (Prombank) has agreed to provide a pedestrian walkway on Palace Pier Court. The status of the visitor parking on the south side of Palace Pier Court is under review by transportation planning staff.

With respect to the proposed walkway on the north side of the proposed building, police staff have advised that the walkway be lighted for safety reasons. Design and lighting is a condition to approval of this application.

Built Form Guidelines

Staff have reviewed the proposal within the context of the built form guidelines set out in Appendix A of the Official Plan, which are intended to assist in; establishing the deployment and massing of density and the condition in which higher building elements may occur; protecting the public realm from the impact of private development; defining the street structure to distinguish between public and private parts of the area. A detailed assessment of this project's compliance is included as Attachment No. 8.

In summary, staff note that this project can generally meet all of the key criteria set out in Appendix A. The buildings generally meet the built form requirements of the guidelines. A minor adjustment is still required to meet the 3 metre minimum setback requirement above the 20 metre height on Right-of-way C. In addition, the applicant must setback the building 2 metres from the Lake Shore Boulevard West easement. Overall the height of the project on the west and east development blocks (36.7 and 11.8 metres respectively), are well below the 45 m and 30 m approximate height limits set out in the by-law. The Lake Shore Boulevard frontage is developed according to the guidelines, maintaining a 3-storey podium and building steps above the stipulated height limit of 20 and 40 metres, respectively.

Finally, the project also complies with the required 45 degree angular plane from Waterfront Drive, the build-to requirement, and maintains satisfactory sky exposure above the 20 metre (6-storey level), which is intended to open up sky views and allow for sunlight penetration on adjacent public space.

The only area which does not strictly comply with the guidelines relates to the location of columns supporting the proposed extension of the building over Right-of-way C. In this regard, it is noted that although the by-law permits structures to be built over Right-of-way C above the 6 metre height level, no structures are permitted below this level, and the applicant will therefore be required to eliminate the supporting columns or relocate them so as not to preclude future access under the proposed building.

Holding Provisions

By-law 1994-197, Schedule F, contains a number of holding provisions which must be satisfied prior to the removal of the 'H' holding symbol from the by-law, and final site plan approval. The applicant's progress in fulfilling these conditions which among other matters provide for submission of environmental studies (soil, noise, air quality), confirmation of the adequacy of school facilities to serve the development, payment of Parks levees, resolution of servicing issues, and confirmation that the project meets the built form guidelines set out in Appendix A of the Official Plan, is detailed in Attachment No. 9 to this report. In this regard it is noted that although staff are in receipt of a number of the required environmental studies, noise, air quality and stormwater have yet to be finalized. Resolution of the Park levy as well as confirmation from the appropriate school board that accommodation is suitable, is also outstanding. In view of the foregoing, it remains premature to lift the H until these matters are finalized, and appropriate recommendations are included in the development agreement.

Once these matters are resolved, staff will be in a position to forward the by-law which lifts the 'H' holding symbol to permit development of the project.

Conclusions:

The site plan is acceptable, meets the intent of the built form guidelines and By-law 1994-197, and can be approved in principle, subject to the conditions outlined in this report.

The applicant has submitted most of the required studies to permit the lifting of the holding provisions. Once these matters have been finalized to the satisfaction of the affected departments and agencies, and are incorporated into approved agreements, staff will be in a position to forward the by-law which lifts the 'H' symbol to permit development of the project.

Conditions to Approval:

(1) Confirmation that Holding Provisions contained within Schedule 'F' of By-law 1994-197 have been addressed by the appropriate authority.

(2) Approval by Council of a By-law to lift the 'H' Symbol from the subject property.

(3) Signing of a Development and/or Servicing Agreement and the payment of the necessary fees associated with the preparation, registration and execution of same.

(4) Submission of a revised site plan to the satisfaction of Urban Development Services which provides for; (i) removal of the underground garage from encroachment within the easement on Lake Shore Boulevard West, including revision to the width of the easement shown adjacent to the subject property; (ii) the elimination or relocation of supporting columns for that portion of building over Right-of-way C to provide for unobstructed view and access; (iii) redesign of the service/loading area.

(5) The applicant enter into an agreement (Section 41) to provide for a pedestrian walkway, including maintenance, design and lighting along the north boundary of the property.

(6) Submission of a landscaping plan detailing fencing, curbing, walkways, grading and proposed and existing plantings to the satisfaction of the Staff Advisory Committee on Development Control and the posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(7) The developer to pay the prevailing development charges in effect at the time of building permits, and payment of a cash-in-lieu of parkland contribution at the rate of 0.5 ha/300 units.

(8) Provision of a Construction Management Plan, outlining access, parking and storage arrangements for construction vehicles and equipment, to the satisfaction of Urban Development Services.

(9) Confirmation that the project meets barrier free design standards.

(10) Signing of a Site Control Agreement and payment of the necessary fees associated with the preparation, execution and registration of same.

(11) Confirmation that the site plan is acceptable to Toronto Fire Services, Toronto Hydro, Toronto Region Conservation Authority and Canada Post.

Contact:

Michael McCart, Senior Planner

Community Planning, West District

Tel: 394-8228

Fax: 394-6063

Email: mmcart@toronto.ca

___________________________

Gary Wright

Director, Community Planning

West District

MMc/nt

Dev2/Z2304/staffrep2.dot

List of Attachments:

Attachment No. 1 - Key Plan

Attachment No. 2 - Site Plan

Attachment No. 3 - North Elevation

Attachment No. 4 - South Elevation

Attachment No. 4A - North/South Elevation - Townhouses

Attachment No. 5 - East Elevation

Attachment No. 6 - West Elevation

Attachment No. 7 - Sky Exposure

Attachment No. 8 - Built Form Guidelines

Attachment No. 9 - Holding Provisions

Attachment No. 8

File No. Z-2304 - 2067 Lake Shore Boulevard West

Compliance with Built Form Guidelines

The following comments address the issue of compliance of the proposed development with the Built Form Guidelines included as Appendix A of the Secondary Plan, and as generally described by the urban design principles outlined in sections 15.8.4 -15.8.9 of the Plan.

A. Building Orientation

The Built Form Guidelines anticipate that new developments within the Humber Bay Shores community will be oriented to reduce the potentially adverse impacts of noise and wind on adjacent open space, and to maximize solar penetration through the site. New developments are also intended to assist in creating continuity of streetscape. The proposed development complies with this requirement in the deployment of massing and in its orientation to Lake Shore Boulevard and Waterfront Drive.

B. Street Structure

(i) Street Pattern / Access

It is the intention of the Plan and the Built Form Guidelines that primary address and access for the Humber Bay Shores community be provided by a public street system comprised of Lake Shore Boulevard, Waterfront Drive and a series of east-west streets connecting the two. In addition, general points of access to the development sites are to be provided from a north-south mid-block 20 metre wide Right-of-way C which also delineates the higher and lower building height zones to its west and east respectively. Within the subject development site and on the adjacent properties, this Right-of-way C is a private easement.

While the proposed development provides for Right-of-way C, it is recommended the development be modified to more closely reflect the intent of the Guidelines with regard to its design. A continuous 2 metre wide sidewalk is recommended along the east side of Right-of-way C. The columns supporting the extension of the proposed development over Right-of-way C should be relocated to ensure the corridor is clear of structural elements pertaining to the development. The proposed development over Right-of-way C provides for the minimum vertical clearance required by the Guidelines.

(ii) Build-to Condition / Street Frontage Requirement

The Built Form Guidelines require that new development generally be oriented along street edges to spatially define the pattern of new streets and access easements. This requirement is defined as a build-to condition and is a priority on Lake Shore Boulevard and streets and public easements linking Lake Shore Boulevard to Waterfront Drive. A minimum street frontage requirement also applies to east-west streets connecting Lake Shore Boulevard to Waterfront Drive. This provision requires that 75% of the frontages along these streets meet a build-to line.

The proposed development complies with the build-to condition in the Guidelines, which requires that a portion of the building face along Lake Shore Boulevard meet the prescribed build-to line. There are no east-west streets adjacent to this property and therefore the minimum street frontage requirement does not apply.

(iii) Ground Relatedness

It is the intent of the Guidelines that building mass deployed at-grade is maximized in the areas of lower building height. This is to achieve the desired street structure, and to comply with the maximum building heights allowed.

The proposed development provides good ground-relatedness relative to the overall size and configuration of the site that has only limited frontage on both Lake Shore Boulevard and Waterfront Drive.

C. Height

(i) Building Height

It is the intention of the Plan that buildings generally be constructed with the tallest elements adjacent to Lake Shore Boulevard and scaling down in height to the water's edge. This is important in order to achieve satisfactory sky exposure and sunlight penetration and to preserve a suitable pedestrian scale and environment on adjacent public streets and rights-of way. Stepping the buildings has the additional benefit of maximizing potential views to Lake Ontario and the downtown from within development sites.

The proposed maximum building height of 36.7 metres along the Lake Shore Boulevard frontage of the development is below the 45 metre maximum building height permitted by the zoning by-law. The three-storey townhouses adjacent to Waterfront Drive are 11.8 metres at their highest elevation and are also well below the permitted 30 metre maximum building height established for this portion of the site.

(ii) Street Wall Height

The Built Form Guidelines require that building elements fronting onto Lake Shore Boulevard, Waterfront Drive and east-west connecting streets not exceed 20 metres in height without setbacks. This requirement establishes a maximum street wall height to ensure an appropriate at-grade relationship between buildings and public spaces, including by protecting the microclimatic conditions on adjacent streets.

The proposed development does not exceed the maximum allowable street wall height on Lake Shore Boulevard or on Waterfront Drive. There is no minimum street wall height requirement for these frontages.

(iii) Minimum Setbacks

In accordance with the Built Form Guidelines, the zoning by-law establishes minimum setbacks from public streets (roads) and rights-of-way for building elements at prescribed height intervals.

Minor adjustments to the setbacks of the proposed development are necessary to meet these requirements. These include increasing the setback from Lake Shore Boulevard to 2 metres from the public easement. The total width of the public easement also needs to be increased from that shown on the site plan. In addition, a minor adjustment is necessary to increase the setback of the taller building element west of Right-of-way C above the 20 metre mark, to meet the 3 metre setback requirement from Right-of-way C.

The proposed development otherwise complies with minimum setback requirements set out in the zoning by-law.

(iv) Sky Exposure

The Built Form Guidelines allow up to 50% of the available buildable area (measured in an east-west direction), above the maximum 20 metre street wall height, to be filled by taller building elements. This area is referred to in the Guidelines as sky exposure. The purpose of this is to ensure adequate sunlight and sky views are preserved as development occurs over time.

The proposed development is well below the allowable maximum height limits established both for the blocks east and west of Right-of-way C, providing sufficient unbuilt area above the 20 metre street wall height to meet the 50% sky exposure requirement set out in the Guidelines.

The proposed development also complies with the maximum horizontal dimension (measured in a north-south direction), for building elements facing Lake Shore Boulevard above the 20 metre height.

D. Public Open Space

D

(i) Waterfront Public Amenity Area

The proposed development generally supports the establishment of Waterfront Drive as an important public link along the waterfront within this area, both in the provision of pedestrian access to Waterfront Drive and in the scale and articulation of development adjacent to it.

The development provides for a 7 metre wide public sidewalk/streetscape along Waterfront Drive adjacent to the site in accordance with Figure 5 of the Guidelines. It also provides for an internal east-west 2 metre wide pedestrian walkway adjacent to the north side of the proposed townhouse units, connecting the interior of the site to Waterfront Drive. To further this connection, it is recommended that a 2 metre wide sidewalk be developed along the east side of Right-of-way C, and the landscape treatment proposed along the perimeters of the property at Right-of-way C be revised to allow for continuous pedestrian access along this corridor between adjacent properties.

(ii) Streetscape / Landscaping

The applicant has submitted preliminary landscape plans for the proposed development with the understanding that revisions to the plans will be necessary to meet the City's requirements for streetscape improvements along Lake Shore Boulevard and Waterfront Drive and for other proposed open space amenity areas within the subject property. The provision of revised landscape plans will be a necessary condition of site plan approval.

A streetscape plan for Lake Shore Boulevard from Palace Pier Court to Parklawn Road is being developed now by City staff in consultation with Toronto Hydro and the TTC. The intent of the streetscape plan is to ensure continuity of streetscape design throughout the Humber Bay Shores neighbourhood through consistency in the selection and use of streetscape materials. A major objective of the plan will be to accomplish a "greening" of Lake Shore Boulevard and an improvement to its aesthetic condition adjacent to the development area. In this regard, it is recommended that the loading and servicing proposed directly off of Lake Shore Boulevard as part of this development, be redesigned to minimize its visual impact from Lake Shore Boulevard.

E. View Corridors

By virtue of its location within the larger development area, the proposed development is not affected by provisions pertaining to the required 20 metre Regional View Corridor illustrated in Figure 10 of the Built Form Guidelines, or to other setbacks and landscaping standards within the Guidelines established specifically to preserve views through the development area to the water's edge. These additional standards apply primarily to Right-of-way D and the Village Court area defined in the Guidelines.

Attachment No. 9

Holding Provisions

By-law 1994-197, Schedule F, contains a number of holding provisions which must be satisfied prior to the deletion of the 'H' holding symbol from the by-law. The applicant's progress in fulfilling these condition is outlined below.

1. The adequacy of school facilities, or the availability of school sites, to serve the development site and the existing, cumulative development which exists or which is approved at the time of consideration of the development proposal.

Staff have been advised that the Board of Education for the former City of Etobicoke will consider this matter shortly. Although it is not anticipated that a school site would be required at this time, financial contributions for future capital costs may be required. The Separate School Board has advised that a shortage of capacity exists for Secondary students in the area. Prior to the submission of a by-law to lift the hold, staff will ensure these matters are resolved, and agreements are in place to guarantee the same. Finalization of this matter is a condition of this report.

2. The sufficiency of municipal or Metropolitan infrastructure, including sewer, water, road, transit and park networks serving the development site.

Services including sanitary sewer and watermain on Waterfront Drive were installed under the Canada-Ontario Infrastructure Works programme. In this instance, the project will be served by the watermain on Waterfront Drive and sanitary sewer on Lake Shore Boulevard West. The applicant is in the process of signing a Development Agreement which among other matters will set out timing, fees and service requirements. A traffic study has been submitted by B.A. Consulting and is currently being reviewed by Transportation Division of Works and Emergency Services. Confirmation of the acceptability of the study and incorporation of any requirements into necessary agreements is a condition to the lifting of the 'H' symbol.

3. Compliance of the redevelopment proposal with the requirements of the Urban Design Guidelines in Appendix A and the principles and procedures outlined in Section 15.8.0 of Official Plan Amendment C-65-86.

The project was reviewed with respect to compliance with the built form guidelines contained in Appendix A of the Official Plan, and as noted in Attachment No. 8 of this report, were found to be generally acceptable.

4. The submission to, and approval by, the City, the Ministry of Environment and Metropolitan Toronto and Region Conservation Authority, of individual stormwater management plans, as outlined in Section 15.9.4 Stormwater Management of Official Plan Amendment C-65-86, and the owner or owners have entered into a legally binding agreement or agreements with the City to guarantee the implementation of the recommendations.

The applicant is in the process of finalizing their stormwater management report. Staff have been advised by Technical Services of the Works and Emergency Department that the stormwater collection pipe, which leads to the stormwater management pond, does not extend far enough to service this site. The applicant's consultant is currently exploring options including connection to Palace Pier Court, on site treatment, or access to the City pipe via easement along Waterfront Drive. Further details of this, as well as grading requirements, will be set out in the Development Agreement, and subject to the approval of the Toronto Region Conservation Authority.

5. The submission to, and approval by, the City and the Ministry of the Environment and Energy of the soil quality, hydrogeological and geotechnical study or studies as outlined in Section 15.9.5 Soil Management of Official Plan Amendment C-65-86, and the execution by the development proponent and/or owner(s) of the lands of legally binding agreement or agreements with the City to guarantee the implementation of the recommendations.

The applicant has submitted soil studies, with geotechnical, and hydrogeological remaining outstanding. Staff note that there is a level of contamination, from former use as a gasoline station. Relevant studies have been forwarded to the Ministry of Environment and Works and Emergency Department for their review. Relevant recommendations will be required to be incorporated in the development agreement for this site.

6. The submission to, and approval by, the City and the Ministry of the Environment of the acoustic and air quality study or studies as outlined in Section 15.9.6 Noise and Air Quality of Official Plan Amendment C-65-86, and the execution by the development proponent and/or owner(s) of the lands of legally binding agreement or agreements with the City to guarantee the implementation of the recommendations.

Air quality and acoustic studies have yet to be finalized. Confirmation of their acceptability and incorporation of any relevant recommendations into the development agreement is necessary prior to the lifting of the holding provision. Staff note that the applicant is required to consult with Christies Biscuits in terms of their existing and planned level of expansion in assessing the acceptability of these studies.

7. The submission of any required financial contributions, including parkland contributions, and development levies.

A special development charge is to be applied to the Humber Bay Shores development at the time of building permits. Parkland levies at a rate of .5 ha per 300 units are also required prior to the issuance of building permits.

8. The acquisition, by a public body, of all land required to accommodatethe Waterfront Public Amenity Area, the Waterfront Drive and the Stormwater Management facilities including the water quality pond.

All of the land required to accommodate the Waterfront Public Amenity, including stormwater management facilities and water quality, have been secured through agreement, dedication or expropriation.