STAFF REPORT
January 28, 2000
To: Toronto Community Council
From: Acting Commissioner of Urban Development Services
Subject: Final Report on Application No. 299004 for an Official Plan amendment to permit the construction of an Opera
House at 145 Queen Street West
(Downtown)
Purpose:
To introduce an Official Plan amendment to permit the transfer of density from a site at 145 Queen Street West to other
sites within the downtown area in order to facilitate the construction of an opera house.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended:
(1) that Part I of the Official Plan for the former City of Toronto be amended to enact a site specific amendment for No.
145 Queen Street West, which would allow for the transfer of floor area, equal to the difference between the permitted
floor area and the floor area of the proposed Opera House, to another site or sites within the Central Core;
(2) that the transfer of density outlined in Recommendation 1, be limited to the amount of floor area available, and
compliance with other provisions of the Plan applying to the receiving site(s), substantially as set out in Appendix 1 of this
report; and
(3) that the City Solicitor be authorized to introduce the necessary Bills in Council to give effect to these recommendations.
Background:
Site
The site includes the block bounded by University Avenue, Queen Street West, York Street and Richmond Street West.
The site is currently used as a surface parking lot. It is owned by the Province of Ontario through the Ontario Realty
Corporation (ORC). There are hotels located east and south of the site, while Osgoode Hall is located on the north side of
Queen Street West. The Osgoode subway station is at the north-west corner of the block.
The Previous Proposal
In 1999, the Canadian Opera Company submitted an application for an Official Plan amendment, rezoning and site plan
approval. That proposal included an Opera House in combination with a 44 storey office/residential tower. The application
included a request for variances to height and density. A public meeting was held last May. Public opinion was generally
favourable to the proposal.
Comments:
The Current Proposal
The current proposal no longer includes an office/residential tower element. The Opera House would be the only building
on the site.
The deletion of the tower element is beneficial for the Opera House building program and its operations. It also provides
opportunities to respond to civic objectives relating to the design of the building, and its relationship to the street. The
design can animate the street frontages by providing opportunities for pedestrian oriented activities. Plans for the new
building will be submitted as a revision to the earlier application, and will be the subject of an application for Site Plan
Review.
Official Plan Policies for the Arts
The Official Plan expresses Council's support for the Toronto arts community through various policies. These range from
encouraging the provision of work space for artists to allowing density exemptions for arts and cultural facilities. The
proposed Opera House reflects many of these policies and provides a unique opportunity for the City of Toronto to secure a
major cultural/art facility.
Section 10.1 of the Plan acknowledges the important contribution that the arts community provides to the quality of life in
the City. These contributions include enhancing the identity, character and corporate image of the City of Toronto;
supporting the expression of the cultural diversity of Toronto; providing entertainment and educational opportunities for all
residents and visitors to the City, and contributing to the economic vitality of the City through a range of arts opportunities.
The proposed Opera House would implement many of these policies. It would be a significant new public building which
would be identified with the City on the international stage. The Opera House and its diverse performance calendar would
also become an additional tourist attraction for the City.
Section 10.4 of the Plan describes the intent of Council to explore opportunities for creating work space for artists. The
proposed Opera House would include secondary stages in addition to the principal performance space. A small
performance hall is also proposed as well as rooms for workshops. In addition, the main entranceway along University
Avenue (the "City Room") will provide an excellent space for informal exhibitions and public gatherings. This workshop
and performance space will significantly enhance the inventory of performance space within the City and provide
additional opportunities for the general public to experience the arts.
Section 10.6 of the Plan sets out the Council objective of promoting opportunities for arts education. Construction of the
Opera House will increase available performance/studio space and create a focal point for the arts community. To take
advantage of this new space, the Opera Company has outlined a comprehensive program for community outreach, which
includes educational programs for school aged children. The outreach potential of an arts and cultural facility of this
magnitude will create opportunities to reach into all communities in the City. Activities associated with school programs,
arts festivals and special events will bring a new life to this part of the city.
Role of the Opera House in Community Building
The site of the proposed Opera House presents a special opportunity for bringing two distinct districts of the city together.
To the east is City Hall and the Financial District. To the west is Queen Street West and King-Spadina. Separating these
two areas is University Avenue, a street that, for the most part, still reflects an image created by the University Avenue
Extension Act in 1928, and the University Avenue By-law passed in 1931. That image has been evolving as new
construction has occurred along University Avenue, and a study is currently underway to replace the University Avenue
By-law with updated planning regulations.
The design and function of the proposed Opera House can bridge University Avenue and tie the Financial District into the
King-Spadina area. With the day and evening activity generated by the facility, this section of Queen Street West and
University Avenue will take on a new role, a new focus. Rather than simply being part of a vehicle and pedestrian route,
the Opera House site will become a destination. People will be attracted to arts displays and retail opportunities in the
building. They will walk along the streets to and from the facility, bringing new life to University Avenue.
Application of the Proposed Official Plan Amendment
The Ontario Realty Company (ORC) is the current owner of the site. The proposed Plan amendment would allow the
Province to retain the unused office and residential density rights once the site is developed by the Opera Company. The
recommended Official Plan amendment would facilitate the movement of the unused density from the Opera House site to
another site or sites within the central core (see map appended to this report). The density transfer would provide the ORC
with an opportunity to recoup its investment in this prime redevelopment site by making the unused density available for
use on other sites within the central core. The "receiving site(s)" would be determined at a later date, and a planning
application would be required to assess the ability of the site(s) to accommodate the additional density. The density transfer
could occur as a single application, or as multiple transfers to more than one site.
The proposed Official Plan amendment would be applied as follows. The Opera Company is proposing to build a facility of
approximately 20,438 m2 (220,000 ft2). The permitted total density on the site is 83,720.4 m2 (901,188.4 ft2). In addition,
Section 10.8 of the Official Plan provides for a density exemption of up to ten percent of the permitted floor area for arts
and cultural facilities. This exemption equals 8,372 m2 (90,119 ft2). When added to the permitted density this raises the
allowable floor area on the site to 92,092 m2 (991,303 ft2).
Therefore, the amount of unused density on the site equals the allowable density with the arts and cultural facility
exemption (92,092 m2) minus the size of the proposed Opera House (20,438 m2). That amount of floor area is 71,654 m2
(771,303 ft2). The proposed amendment raises this number to 73,400 m2 (approximately 790,000 ft2) to allow for
flexibility should the Opera House be slightly smaller than anticipated.
The limits on the transferable non-residential and residential floor area as set by the current Official Plan for this site would
still apply.
Official Plan Density Transfer Policies
Current Official Plan policies only provide for a transfer of density in order to preserve heritage buildings used for the
performing arts (Section 5.14) or to preserve heritage buildings with significant open spaces (Section 5.15). The limited
application of the density transfer provisions highlights the fact that these are exceptional measures intended to provide an
incentive to achieve a significant public benefit.
The Opera House development represents a unique opportunity to achieve a significant new public facility for the City of
Toronto. Because of this, the current heritage density transfer policies have been used as a model for the policies
recommended in this report.
Policy Framework for the Proposed Amendment
1. Area where the density may be re-located
Section 5.15 of the Official Plan limits the movement of the density from heritage building sites, to another lot within the
"Central Core" (see map attached to this report). A further restriction is that the lot must be designated by the Official Plan
as being within either a Medium Density or High Density Mixed Commercial-Residential Area or the Financial District.
The proposed Official Plan amendment is consistent with this policy. Any site proposed to receive the unused density from
the Opera House site would be required to be within the Central Core.
2. Construction to be Started
The proposed amendment includes a requirement that a building permit must be obtained and construction must have
started on the Opera House prior to any transfer of the unused density to another location. This requirement will ensure that
the transfer of density is directly linked to the construction of the Opera House.
3. Density Mix Limits on Receiving Site(s)
The Official Plan policies regulating density transfers for historic buildings include limits on the amount of density that a
receiving site can accommodate. These limits are based on the total density permitted on the lot, plus the additional density
permitted by the Plan for retention of heritage buildings. The additional density varies depending upon where the receiving
lot is located. For example, in the Financial District the extra density is equal to two times the lot area, while in a Medium
Density Mixed-Commercial Residential Area the amount is 0.75 times the lot area.
The recommended Plan amendment uses the same approach since the total amount of residential and non-residential
density cannot exceed the amount available from the Opera House site as described above.
4. Compatibility with Overall Planning Policy Objectives
The proposed amendment includes policies that require any development which includes density moved from the Opera
House site to conform with policies expressed in the Official Plan. The policies relating to physical form objectives set out
in Section 3 of the Plan are specifically mentioned.
By facilitating the transfer of density from the site, the designated heritage open space at Osgoode Hall and Nathan Phillips
Square are not subjected to shadowing. Section 5.15 of the Plan permits density transfers for the protection of designated
heritage open space. While the policy refers to density on the same lot as the open space, the proposed amendment
addresses the intent of the policy to preserve these spaces in their historical context.
Conclusions:
The construction of an Opera House in the Financial District represents a unique opportunity for the City to obtain an
important arts and cultural facility that will form a focus for the community for many years. The proposed Plan amendment
would enable the process to move forward while achieving the policies of the Official Plan through both the physical and
program characteristics of the proposed building.
Closely integrated with the existing Plan policies related to heritage buildings, the proposed amendment, while not for
heritage purposes, does maintain the spirit and intent of the policy to secure a significant benefit for the public.
Contact:
Rollin Stanley, West Section
Telephone: 392-0424
Fax: 392-1330
E-Mail: rstanley@toronto.ca
Beate Bowron
Director, Community Planning, South District
(p:\2000\ug\uds\pln\to002112.pln) - smc
299004
List of Attachments:
Appendix
Maps (1-3)
APPLICATION DATA SHEET
18._ It is the opinion of Council that an Opera House as described by this amendment, is an important cultural, social,
physical and economic asset to the City of Toronto, and as such, the transfer of unused floor area from the Opera House
"lot" at No. 145 Queen Street West, is permitted in accordance with the provisions of this amendment.
(i) the "owner" of No. 145 Queen Street West (referred to as the donor lot); and
(ii) the "owner(s)" of another "lot" or "lots" located both in the "Central Core" and within a "Medium" or "High Density
Mixed Commercial Residential Area" or the "Financial District" (referred to as the receiving "lot" or "lots");
Council, at its discretion, may pass by-laws applicable to the donor "lot" and to the receiving "lot" or "lots", to permit
"residential" and/or "non-residential gross floor area" which is permitted to be erected and used on the donor "lot" in
conformity with this Plan, to be transferred and erected and used on the receiving "lot" or "lots", provided:
(iii) Council is satisfied that a building permit has been obtained and construction has lawfully commenced on the donor
"lot", of an Opera House containing approximately 20,438 square metres of "non-residential gross floor area";
(iv) the maximum "residential" and/or "non-residential gross floor area", permitted to be erected and used on the donor
"lot", is reduced by an amount equal to the difference between the floor area of the Opera House and any other "gross floor
area" on the donor "lot", and the floor area permitted by by-laws passed in conformity with this Plan for that "lot", provided
this amount does not exceed 73,400 square metres;
(v) the increase in the maximum "residential" and / or "non-residential gross floor area" above the amount permitted to be
erected and used on the receiving "lot" or "lots" by by-laws passed in conformity with this Plan, does not exceed the floor
area amounts set out in clause (iv) in total, for all the receiving "lots";
(vi) where "residential gross floor area" alone or in combination with "non-residential gross floor area" is proposed to be
transferred, the sum of the "residential" and "non-residential gross floor area" of any building permitted to be erected on a
receiving "lot", by a by-law passed under this section, may exceed the maximum total "gross floor area" otherwise
permitted on that "lot" by this Plan, but shall generally not exceed such maximum by more than the amount specified
below for the area or district in which the receiving "lot" is located:
1. 0.75 times the "lot" area in "Medium Density Mixed Commercial-Residential Areas";
2. 1.0 times the "lot" area in "High Density Mixed Commercial-Residential Areas A";
3. 1.125 times the "lot" area in "High Density Mixed Commercial-Residential Areas B"; and
4. 2.0 times the "lot" area in the "Financial District"; and
(vii) Council has regard for the compatibility of the development which may be erected and used on any receiving "lot" and
is satisfied that:
1. the development that will result on any receiving "lot" will comply with the physical form objectives contained in
Section 3 of this Plan and in by-laws passed pursuant to this Plan; and
2. the resulting development will be consistent with the general intent of the Plan and with the objectives for the area in
which the receiving "lot" is located.
