STAFF REPORT
January 25, 2000
To: Toronto Community Council
From: Acting Commissioner of Urban Development Services
Subject: Preliminary Report: 1252 - 1260 Bay Street and 61 - 63 Yorkville Avenue - Application 199025 for Official Plan
and Zoning By-law Amendment and Application 399101 for Site Plan Approval to permit an 18 storey mixed use building
containing ground and second floor retail uses and an underground parking garage with access from Genoa Street.
(Midtown)
Purpose:
To introduce to Community Council, a proposal for redevelopment of a 1,856.7 square metre property at the south-west
corner of Bay Street and Yorkville Avenue for an 18 storey building containing retail and residential uses (171 dwelling
units) and an underground parking garage.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that:
(1) I be requested to hold a public meeting in the community to discuss the application, and to notify owners and tenants
within 300 metres of the site, area residents and business associations and the Midtown Ward Councillors; and
(2) the owner be advised that, prior to final Council approval of this project, the owner will be required to submit a Noise
Impact Statement in accordance with Council's requirements.
Background:
1. Proposal
The proposal applies to two adjoining lots on the west side of Bay Street and the south side of Yorkville Avenue as shown
on the attached Key Map. The combined site area is 1856.7 m2 with a frontage along Bay Street of 55.25 metres and along
Yorkville Avenue of 33.25 metres.
The existing structures and uses are proposed to be replaced by a mixed-use development containing 700 m2 (or 0.38 times
the area of the site) for retail uses and 171 residential dwelling units (with a gross floor area of 17,681.3 m2 or 9.52 times
coverage). The total density of the proposed project is 9.9 times the site area. At its main roofline, the residential tower
reaches a height of 60.45 metres (18 storeys), while at the top of the domes the height is 64.4 metres.
The applicant's revised proposal is shown in Figures 1 through 4, attached. This revised proposal more closely complies
with the angular plane requirements of the Zoning By-law, by setting back portions of the building above 34 metres, and
more appropriately addresses the lower building heights permitted north of Yorkville Avenue, by stepping down the north
6 metres of the building, than the original proposal.
2. Site and Surrounding Area
1.1 Site
The site consists of two lots municipally known as 1252 to 1260 Bay Street and 61 to 63 Yorkville Avenue. Currently, the
parcel at 1252 to 1260 Bay Street contains a seven storey building with a variety of commercial uses including office, retail
and restaurant uses. The parcel at 61 to 63 Yorkville Avenue contains a two storey house-form building which is used for
retail.
1.2 Surrounding Area
Uses and structures surrounding the site include to the:
North: a four storey mixed use building at 70 Yorkville Avenue, for which permission has recently be granted to add two
more storeys; a 3 1/2 storey building north-west of the intersection of Bay Street and Yorkville Avenue containing
commercial uses including retail and restaurant uses;
East: a nine (1255 Bay Street) and a ten (1235 Bay Street) storey commercial building containing office, retail and
restaurant uses;
South: a parcel at 1250 Bay Street containing a recently demolished six storey commercial building; permissions have been
granted to construct an 18 storey residential building with 73 residential units, ground floor retail and an underground
parking garage;
West: a four storey commercial building (69 Yorkville Avenue) containing retail and office uses, south of which there is a
three (27 Bellair Street) and a two (25 Bellair Street) storey building, containing office, restaurant and retail uses; and
South-west: a nine storey commercial building (at 94 Cumberland Avenue) containing office, retail and restaurant uses.
3.0 Applicable Planning Controls
2.1 Official Plan
The designation in the Official Plan for the former City of Toronto of the parcel at 1252 to 1260 Bay Street is "High
Density Mixed Commercial-Residential A", while the parcel at 61 to 63 Yorkville Avenue is designated "Low Density
Mixed Commercial-Residential". Both designations permit a range of commercial and residential uses provided that the
density of the development, in the High Density zone, does not exceed 6 times the lot area and, in the Low Density zone,
does not exceed 3 times the lot area.
The west portion of the site (61 to 63 Yorkville Avenue) is in the Village of Yorkville Area of Special Identity designated
in the Part II Plan (North Midtown) of the former City of Toronto. In this Area "Council shall employ its available powers
of regulation and review in order to encourage developments which are compatible with the existing form and uses in this
area, and to encourage, where possible, the retention of existing clusters of house-form buildings". (Section 6.2)
3.2 Zoning By-law
The Zoning By-law for the former City of Toronto zones the parcel at 1252 to 1260 Bay Street, CR T6.0 C4.5 R6.0, and
the parcel at 61 to 63 Yorkville Avenue, CR T3.0 C2.5 R3.0. These zones permit a mix of commercial and residential uses
to a total density of 6.0 times the lot area in the T6.0 zone and 3.0 times the lot area in T3.0 zone, subject to density limits
on commercial uses (4.5 times the lot area at 1252 to 1260 Bay Street and 2.5 times at 61 to 63 Yorkville Avenue) and
residential uses (6.0 times the lot area at 1252 to 1260 Bay Street and 3.0 times at 61 to 63 Yorkville Avenue).
The maximum permitted height in the Zoning By-law is 46 metres for the parcel at 1252 to 1260 Bay Street and 18 metres
for the parcel at 61 to 63 Yorkville Avenue.
The Bay Street frontage of this site is also a street subject to sunlight standards which, in the Zoning By-law, require that
any building above 34 metres in height must be set back within an angular plane of 60 degrees from the Bay Street lot line.
3.3 Site Plan Control
The site and the proposed development are subject to site plan control. The applicant has submitted a separate site plan
approval application, No. 300101.
2.4 Urban Design Guidelines
The site is subject to the general and area specific Design Guidelines for North Midtown, which have been adopted by City
Council.
Comments:
3.1 Reasons for the Application
An amendment to the Official Plan would have to be approved to permit the development because the proposed density
exceeds permitted Official Plan maximums. The proposed building, at 9.9 times the lot area, exceeds the permitted
maximum of 6.0 times in the High Density area and the 3.0 times in the Low Density area. Put another way, applying the
permitted density maximums to each parcel would result in a maximum permitted gross floor area of 8,860 m2 on this site.
The proposed building, at 18,381 m2, is almost 2.1 times the permitted density.
An amendment to the Zoning By-law would be necessary because the proposed development exceeds permitted maximum
density and height limits and projects into the angular building plane on the Bay Street elevation. The proposed density of
9.9 times exceeds the permitted maximum of 6.0 times on the Bay Street parcel and 3.0 times on the Yorkville Avenue
parcel. The proposed height of the building, at 60.45 metres, exceeds the permitted height limit on the Bay Street parcel by
14.45 metres and on the Yorkville Avenue parcel by 42.45 metres. The building, on the Bay Street elevation, projects
slightly into the 60 degree angular plane above the fifteenth storey (above 46 metres). Other areas of non-compliance will
be identified as a result of the zoning review currently being undertaken as part of the circulation process.
3.2 Status
The application has been circulated to other civic officials for comments. It should also be the subject of a public meeting
within the community.
3.3 Issues
The following issues will require review and resolution, where necessary, prior to final reporting.
A. Density, height and massing: At 9.9 times coverage and 60.45 metres in height, the proposal is larger than permitted by
current planning controls. The acceptability of allowing extra density and height are issues which must be assessed relative
to the area context and to the City's planning and built form objectives.
B. Shadow impacts: The proposal is located immediately east and south of low density areas and the Village of Yorkville
Area of Special Identity. The proposal will have shadow impacts on these areas. A Shadow Impact Study has been
submitted for staff review.
C. Streetscape: The project has three frontages: Bay Street, Yorkville Avenue and Genoa Street. Highly animated
street-edges and an appropriate at-grade relationship, particularly along Bay Street and Yorkville Avenue, are important
planning objectives.
. Setback from 1250 Bay Street: The project is immediately north of a proposed 18 storey residential building, for which
planning permissions have been granted. In order to ensure minimally acceptable light and view conditions, the south
elevation of the proposal must have appropriate architectural detailing and be set back in accordance with City guidelines.
E. Access, parking and loading: The application shows an underground parking garage, accessed via Genoa Street,
containing 110 parking spaces, including 100 for residents and 10 for visitors. The proposal contains one, at grade, type
B/G loading space, also accessed via Genoa Street. Bicycle parking is proposed for 129 bicycles, of which 103 are for
residents and 26 are for visitors. The applicant has submitted a traffic impact study dated October 1999. The plans and
study have been circulated to the Commissioner of Works and Emergency Services for comments respecting the adequacy
of supply and the impacts associated with the proposed parking, loading, access arrangements, and any potential traffic
concerns.
F. Genoa Street width and pavement treatment: Genoa Street, immediately south of Yorkville Avenue, is currently 3.477
metres in width. This does not permit two way movement of vehicles. This street is proposed to service this development,
1250 Bay Street and parking and loading for properties immediately to the west. The applicant is proposing to widen the
street to 6 metres and incorporate a decorative pavement treatment on the portion adjacent to the proposed drop-off and
entrance. This proposal has been circulated to the Commissioner of Works and Emergency Services for comment.
G. Section 37: The Official Plan contains provisions pertaining to the exchange of public benefits for increased height or
density for new developments. In addition, City Council, on May 11, 1999, approved a resolution authorizing staff to
immediately pursue, on a citywide basis, contributions toward the provision of affordable housing pursuant to Section 37
of the Planning Act for increases in permitted height and/or density, with such contributions to be deposited to the Capital
Revolving Fund for Affordable Housing. In accordance with the existing Official Plan policies and the above Council
direction, City Planning staff will be discussing an appropriate package of public benefits with the applicant, including a
cash contribution to the Capital Revolving Fund.
Conclusions:
It is appropriate at this time, to take this application to a community meeting to receive public input.
Contact: Wayne Morgan
Telephone : 392-1316
E-mail : wmorgan@toronto.ca
Beate Bowron
Director, Community Planning, South District
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List of Attachments:
Application Data Sheet
Key Map
Figure 1 - Site Plan
Figure 2 - Ground Floor Plan
Figure 3 - East Elevation Plan
Figure 4 - North Elevation Plan
APPLICATION DATA SHEET