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Draft By-laws - Official Plan Amendment and Rezoning

- 86 and 100 Bloor Street West (Midtown)

The Toronto Community Council recommends that:

(1)the Draft By-laws attached to the report (February 15, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto 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 1, 1998) of the Commissioner of Urban Planning and Development in form satisfactory to the City Solicitor in consultation with the Commissioner;

(b)a Heritage Easement Agreement to secure the incorporation of the facade of the former University Theatre and relocation and incorporation of the stone portal of the former Pearcy House in the proposed mixed use building in form satisfactory to the City Solicitor in consultation with Heritage Toronto;

(c)postponements of all encumbrances on title to ensure the S. 37 and Heritage Easement Agreements constitute first and second charges against title;

(d)a letter or letters of credit to secure the cash contributions of $800,000.00 for local area improvements and $8,000.00 for a traffic monitoring study called for by the s. 37 Agreement;

(e)submit to and have approved by the Commissioner of Works and Emergency Services the following:

(i)a strategy to keep neighbourhood streets free from dirt from excavation, hauling and construction activities;

(ii)a noise impact statement; and

(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 dimensioned plans of the development;

(f)submit to and have approved by the Medical Officer of Health

(i)a Phase I Environmental Site Assessment, which may include but is not limited to a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects on the site and a site and building audit for identification of all hazardous materials on site and in the existing buildings; and

(ii)a soil and groundwater management plan;

(2)Council resolve that no further notice be given in respect of the proposed Official Plan and Zoning By-law amendment;

(3)the report (February 16, 1999) from the Commissioner of Urban Planning and Development Services be adopted; and

(4)funds raised through the Parks levy for this development be expended in the Midtown Ward.

The Toronto Community Council reports, for the information of Council, having requested:

(1)the Commissioner of Urban Planning and Development Services, in consultation with the General Manager of the Toronto Transit Commission, to report directly to Council on

(a)how individuals will access the subway from the proposed development;

(b)whether such access is friendly to people with special needs; and

(c)how a weather-controlled subway connection could be achieved, should Council require it from this development;

(2)prior to the issuance of an Architectural permit, the Commissioner of Works and Emergency Services:

(a)to report to the Toronto Community Council on the possibility of implementing innovative transit use incentives in conjunction with the Toronto Transit Commission for the theatre component of the development;

(b) to investigate the possibility of district heating and/or cooling for this site;

(c)through the Energy Efficiency Office, to report to the Toronto Community Council on the energy efficiency features in the construction of the project; and

(d)to report to the Toronto Community Council on waste reduction and diversion strategies incorporated in the development;

(3)the Commissioner of Urban Planning and Development Services to report to the Urban Environment and Development Committee, where any future opportunities exist to link a proposed development to public transport, on the possibility of incorporating an elevator at the subway into the development plans, such report to examine the possibility of a special levy for this purpose;

(4)the General Manager, Toronto Transit Commission to advise the Ward Councillors on the probable cost of installing an escalator or elevator at the subway entrance on Bellair Street, and of redesigning the Cumberland Street entrance to facilitate access; and

(5)the developer to consider incorporating some of the historic elements of the Physicians and Surgeons' Building into the design of the new development.

The Toronto Community Council further 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 February 17, 1999, and the following persons addressed the Toronto Community Council:

-Mr. Chris Barnett, Genest Murray DesBrisay Lamek;

-Ms. Jean Cuddy, Co-Chair, Greater Yorkville Residents' Association;

-Ms. Maureen Whelton, Teplitsky, Colson;

-Ms. Kim Kovar, Aird & Berlis;

-Mr. Carl Baar, Toronto, Ontario;

-Mr. William Phillips, Toronto, Ontario;

-Ms. Jane Beecroft, President, Community History Project;

-Ms. Adrienne Clarkson, Toronto, Ontario; and

-Mr. Budd Sugarman, Toronto, Ontario.

The Toronto Community Council submits the following report (February 15, 1999) from the City Solicitor:

Purpose:

This report provides the necessary draft Official Plan and Zoning By-law amendments to permit a mixed-use building containing a movie theatre, retail space and residential dwelling units at 86 and 100 Bloor Street West.

Funding Sources, Financial Implications and Impact Statement:

Enacting the Draft By-laws does not require any expenditure by the City. The planning report recommends an agreement under section 37 of the Planning Act calling for the payments to the City of $800,000.00 for local area improvements and $8000 for a traffic study.

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-law, it could recommend that:

(2)the Draft By-laws attached to the report (February 15, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto 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 1, 1998) of the Commissioner of Urban Planning and Development in form satisfactory to the City Solicitor in consultation with the Commissioner;

(c)postponements of all encumbrances on title to ensure the S. 37 and Heritage Easement Agreements constitute first and second charges against title;

(d)a letter or letters of credit to secure the cash contributions of $800,000.00 for local area improvements and $8,000.00 for a traffic monitoring study called for by the .s 37 Agreement;

(e)submit to and have approved by the Commissioner of Works and Emergency Services the following:

(i)a strategy to keep neighbourhood streets free from dirt from excavation, hauling and construction activities;

(ii)a noise impact statement; and

(f)submit to and have approved by the Medical Officer of Health

(ii)a soil and groundwater management plan;

(3)Council resolve that no further notice be given in respect of the proposed Official Plan and Zoning By-law amendments.

Council Reference/Background/History:

At its meeting of October 1 and 2, 1998, Council adopted without amendment Clause 87 of Toronto Community Council Report No. 11, thereby requesting the City Solicitor to report on draft amendments to the Official Plan and Zoning By-law to permit a mixed use building containing a movie theatre, retail uses and residential dwelling units at 86 and 100 Bloor Street West.

Comments and/or Discussion and/or Justification:

When Council considered this matter in October 1998, the proposal included a certain amount of off-site parking and a four-level below grade garage, part of which would be constructed under the City-owned Critchley Lane. The proponent would have had to purchase the land below the lane and enter into appropriate agreements to ensure reconstruction of the lane and support of the soil above the garage and paved surface, which would have remained in the City's hands.

The proponent still intends to construct a four-level garage, but wholly within the lands it currently owns. The required total parking remains the same, but a higher proportion will be provided off site. If the project is to be approved, Council should resolve that no further notice be given respecting the proposed amendments.

Because the proponent no longer wishes to construct under Critchley Lane, there will be no need of a construction phasing plan or pedestrian plan to address the reconstruction of the lane and temporary access to the abutting property at 102 Bloor Street West. The conditions for introduction of the bills set out in Recommendation No. 2 of this report have been revised accordingly.

Draft Heritage Easement and S. 37 Agreements have been prepared and are undergoing revision, and the owner is working toward satisfying other conditions that would have to be fulfilled before introduction of the Bills, should Council approve the Draft By-laws.

The Draft By-laws attached to this report will, if enacted, give effect to Council's approval of this project.

Contact Name:

John Paton, Solicitor, Planning and Administrative Tribunal Law

Telephone: (416) 392-7230

Fax: (416) 392-0024

E-mail: jpaton@toronto.ca

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DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

BY-LAW NO. -1999

To adopt an amendment to the Official Plan for the former City of Toronto respecting lands known as Nos. 86 and 100 Bloor Street West.

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. 136.

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SCHEDULE "A"

1.Section 18.486 of the Official Plan, for the former City of Toronto is hereby amended by adding the following Section 18.486 and the attached Map 18.486;

"18.486Lands known as 86 and 100 Bloor Street West

86 and 100 Bloor Street West

Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands known as 86 and 100 Bloor Street West and delineated by heavy lines on Map 18.486, to permit the erection and use of a mixed-use building, including below-grade parking, provided that:

(1)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33 675 square metres, of which:

(a)not more than 20 020 square metres of residential gross floor area shall be used for residential dwelling purposes;

(b)not more than 6 070 square metres of non-residential gross floor area shall be used for retail purposes; and

(c)not more than 7 585 square metres of non-residential gross floor area shall be used for motion picture or other theatre purposes; and

(2)the owner of the lands enters into an agreement with the City pursuant to Section 37 of the Planning Act to provide the following facilities, services and matters at its expense and in accordance with the said agreement:

(a)retention in its current location and incorporation of the facade of the former University Theatre into the mixed-use building and relocation of the portal of the former Pearcy House to Bellair Street and its incorporation into the mixed-use building;

(b)a cash contribution to the City in the amount of $800,000.00 for the purposes of off-site local area improvements;

(c)a cash contribution to the City in the amount of $8,000.00 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements in the vicinity of the lands;

(d)provision and maintenance of works of public art in publicly accessible portions of the lands or on adjacent lands owned by the City of a value not less than one percent of the cost of construction of the mixed-use building on the lands;

(e)reconstruction and maintenance of the publicly accessible pedestrian walkway at grade over the lands labelled Right-of-Way on Map 18.486 providing pedestrian access between Bloor Street West and Critchley Lane;

(f)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(g)that the owner have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development had been designed and constructed in accordance with the Noise Impact statement approved by the Commissioner of Works and Emergency Services;

(h)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening cinema/theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(i)provision of 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.

2.Amendment No. 497 is repealed upon the coming into force of the balance of this Amendment."

DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend By-law No. 438-86 of the former City of Toronto, as amended,

respecting 86 and 100 Bloor Street West

and to repeal By-law No. 435-89 of the former City of Toronto,

respecting lands known as 96 and 100 Bloor Street West.

AND 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 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 density and 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), 4(5)(b), 4(14)(a), 8(3) Part I, and 8(3) Part III 1(a) of By-law No. 436-86, being "A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other mattes relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, shall apply to prevent the erection and use on the lands delineated by heavy lines on Plan 1 attached to and forming part of this By-law of a mixed-use building, including below-grade parking, containing not more than 33 675 square metres of combined residential gross floor area and non-residential gross floor area, provided:

(1)the lot on which the building is located comprises at least those lands delineated by heavy lines on Plan 1 attached to and forming part of this By-law;

(2)no portion of any building located above grade is located otherwise than wholly within the areas delineated by heavy lines on Plan 2 attached to and forming part of this By-law;

(3)the height of the building does not exceed the heights or penetrate the "Angular Plane Area A" or "Angular Plane Area B" for the various portions of the building as shown on the attached Plan 2, such heights shown being inclusive of the structural elements referred to in sections 4(2)(a)(i) and (ii) of By-law No. 438-86, as amended, for the "Angular Plane Area A" and "Angular Plane Area B" and such heights being exclusive of structural elements referred to in section 4(2)(a)(i) and (ii) of By-law No. 438-86, as amended, for the remainder of the building except that any parapet may only exceed the heights shown 0.4 metres;

(4)not more than 20 020 square metres of residential gross floor area shall be used for residential dwelling purposes;

(5)not more than 13 655 square metres of non-residential gross floor area shall be used for non residential purposes, of which not more than 6 070 square metres non-residential gross floor area shall be used for retail purposes and not more than 7 585 square metres of non-residential gross floor area shall be used for motion picture or other theatre purposes;

(6)there are not more than 160 residential dwelling units in the building;

(7)parking spaces are provided and maintained to serve the mixed-use building in accordance with the following:

(a)parking spaces are provided on the subject lot for the exclusive use of residents of the building at a minimum rate of :

(i)0.7 parking space for each one bedroom dwelling unit;

(ii)1 parking space for each two bedroom dwelling unit; and

(iii)1.2 parking spaces for each three or more bedroom dwelling unit;

(b)parking spaces are provided on the subject lot for the exclusive use of visitors to the residents of the building at a minimum rate of .06 parking space for every dwelling unit;

(c)parking spaces are provided on the lot, or off-site within 300 metres thereof, at a minimum rate of:

(i)1 parking space for every twelve theatre seats or fraction equal to or greater than one-half thereof;

(ii)1 parking space for each 100 square metres of net floor area, or fraction equal to or greater than one-half thereof, of retail uses;

provided that not more than 48 per cent of the total number of parking spaces required by the By-law for the non-residential portion of the building are provided off-site; and

(d)parking spaces provided on the lot shall comply with the dimensional requirements of the aforesaid By-law No. 438-86, as amended, save and except for the parallel parking spaces, located on the east side of the below-grade garage, which are required to have a minimum length of 7.0 metres, and up to 5 per cent of the parking spaces in the below-grade garage, which may have an unobstructed area of not less than 2.3 metres in width and not less than 5.0 metres in length;

(8)one loading space - Type G and two loading spaces - Type B are provided on the lot in the below-grade garage, with generally level surfaces and access designed so that trucks can enter and exit the lot in a forward motion;

(9)notwithstanding the provisions of Section 4(5)(i)(ii) of By-law No. 438-86, as amended, the driveway which provides access to and from the parking facilities in the building may have a minimum width of 3.0 metres at the parking control areas;

(10)the owner reconstruct and maintain the publicly accessible walkway at grade labelled Right-of-Way on Plan 1 attached to and forming part of this By-law to provide pedestrian access between Bloor Street West and Critchley Lane.

(11)the owner of the lot, at its expense and in accordance with and subject to the agreement referred to in Subsection 1(11)(k) of this By-law:

(a)retains in its current location and incorporates the facade of the former University Theatre into the mixed use building and relocates the portal of the former Pearcy House to Bellair Street and incorporates it into the mixed-use building;

(b)pays to the City the sum of $800,000.00 for off-site local area improvements;

(c)pays to the City the sum of $8,000.00 for costs to monitor traffic and pedestrian conditions and for traffic related improvements in the vicinity of the subject lot;

(d)provides and maintains works of public art in publicly accessible portions of the lot or on adjacent lands owned by the City of a value not less than one per cent of the cost of construction of the mixed-use building erected on the lot;

(e)reconstructs and maintains the publicly accessible pedestrian walkway at grade over the lands labelled Right-of-Way on Plan 1 attached to and forming part of this By-law providing pedestrian access between Bloor Street West and Critchley Lane;

(f)provides and maintains the measures, facilities and strategies stipulated for in required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(g)has 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;

(h)submits and has approved by the Commissioner of Works and Emergency Services, within 12 months of the opening of the cinema/theatre complex, a Monitoring Report, which details parking utilization on the lot and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 p.m., and the need for any additional elements in the Parking Information Plan;

(i)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 the development of the lot pursuant to this By-law; and

(j)enters into an agreement with the City pursuant to Section 37 of the Planning Act to secure the facilities, services and matters referred to in subsections 1(11)(a) - (j) of this By-law.

2.For the purposes of this By-law:

(1)"Angular Plane Area A" means a plane at an angle of 45 degrees measured horizontally over the lot adjacent and parallel to Critchley Lane at a height of 35.0 metres above grade through which no part of the building may penetrate;

(2)"Angular Plane Area B" means a plane at an angle of 54 degrees measured horizontally over the lot and parallel 9.3 metres south of Critchley Lane at a height of 71.4 metres above grade through which no part of the building may penetrate exclusive of a 0.4 metre tall parapet;

(3)"lot" means the lands delineated by heavy lines on the attached Plan 1; and

(4)each other word or expression which is italicized in this by-law shall have the same meaning as each word or expression as defined in the aforesaid By-law No.438-86, as amended.

3.By-law No. 435-89 is repealed upon the coming into force of the balance of this By-law.

The Toronto Community Council also submits Clause 87 of Report No. 11 of the Toronto Community Council headed, "Final Report - Application No. 197027 for Official Plan and Zoning By-law Amendments - 86, 96 and 100 Bloor Street West (University Theatre) (Midtown)":

(City Council on October 1 and 2, 1998, adopted this Clause, without amendment.)

The Toronto Community Council recommends that:

(1)City Council support Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(2)the City Solicitor be requested to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto), for lands known in the year 1998 as 86, 96 and 100 Bloor Street West, substantially as set out below:

"86, 96 and 100 Bloor Street West

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 shown on Map , to permit an increase in the density and height of development otherwise permitted, for the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(a)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(I)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(ii)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(iii)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes; and

(b)the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(i)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(ii)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on to the Toronto Community Council and finalized prior to the introduction of the Bills in Council;

(iii)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(iv)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(v)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(vi)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(vii)that the owner 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;

(viii)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema/ theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(iv)provision of 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."

(3)That the City Solicitor be requested to submit, in consultation with the Commissioner of Urban Planning and Development Services, a draft by-law to amend the City's Zoning By-law (438-86, as amended) as it affects the lands known as 86, 96 and 100 Bloor Street West so as to:

(a)exempt the lands shown on the Key Map attached to this report from the following Sections of By-law 438-86, as amended:

4 (2) Height Limits: Buildings and Structures;

4 (5) Parking Spaces (b);

4 (14) Setbacks from the centre line of a Public Lane (a);

8 (3) Part I - Density;

8 (3) Part III - Open Space 1. (a); and

(b)permit, on the lands shown on the Key Map attached to this report, the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(I)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(a)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(b)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(c)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes;

(ii)the maximum number of dwelling units does not exceed 160;

(iii)the height of such building does not exceed the heights and angular planes as shown on the plans and drawings submitted with this application, which is 84.4 metres at its tallest, exclusive of a 0.4 metre tall parapet and the mechanical penthouse. This provision is not intended to prevent the erection or use of other structural elements permitted by Sections 4 (2) Height Limits (a) (I) and (ii) of the Zoning By-law which may extend vertically beyond such building envelope;

(iv)not less than 445 parking spaces are provided and maintained to serve the building, provided:

(a)not less than 122 parking spaces are provided on-site for the exclusive use of the residents of the building;

(b)not less than 323 parking spaces are provided for the use of visitors to the residential building (10) and for the commercial uses (313), of which not more than 88 parking spaces of the 313 parking spaces required for the commercial uses may be provided off-site, within 300 metres of the site; and

(c)the on-site parking spaces shall comply with the dimensional requirements of the Zoning By-law, save and except for the parallel parking spaces, located on the east side of the underground garage, which are required to have a minimum length of 7.0 metres;

(v)one Type G and two Type B loading spaces are provided on-site in the below-grade garage, with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(vi)a publicly-accessible at-grade pedestrian walkway, located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane, is provided and maintained, with the owner of 102 Bloor Street West;

all provided that the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(aa)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(bb)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on and finalized prior to the introduction of the Bills in Council;

(cc)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(dd)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(ee)provision and maintenance, with the owner of 102 Bloor Street West, of the publicly-accessible at-grade pedestrian walkway located between the site and 102 Bloor Street West, which connects Bloor Street West to Critchley Lane;

(ff)provision and maintenance of the measures, facilities and strategies stipulated for required approved Plans respecting Construction Phasing; Noise Impact; Soil and Groundwater Management; Demolition and Excavation Dust Control; Pedestrian; Loading Management; and Parking Information;

(gg)that the owner 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;

(hh)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema / theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(ii)provision of space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes, sewer maintenance holes and any other collateral matters which are required in connection with this development.

(4)Site-specific By-laws 434-89, 435-89 and 436-89 be repealed, on the coming into force of the Official Plan and Zoning By-law amendments recommended in Recommendations 4 and 5 above.

(5)Prior to the introduction of the Bills in Council:

(a)the owner enter into the above-referenced Agreement pursuant to Section 37 of the Planning Act, in a form satisfactory to the City Solicitor and in consultation with the Commissioner of Urban Planning and Development Services;

(b)the owner provide the City Solicitor with any postponements as required; and

(c)the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure the contributions to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, and $8000 to monitor traffic and pedestrian conditions, and for traffic related improvements.

(6)(i)The owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, to address interim access to 102 Bloor Street West, and which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation; and

(ii)The owner submit a strategy aimed at keeping neighbourhood streets free from dirt due to excavation, haulage and construction activities; specifically, that the proponent maintain street cleaning equipment, and the necessary operating skills, on the construction site, to be deployed as needed;

(7)The owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the introduction of the Bills in Council, a Noise Impact Statement, and be required to:

(a)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; and

(b)provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services.

(8)The owner submit, to the Commissioner of Works and Emergency Services, at least three weeks prior to the introduction of the Bills in Council:

(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

(b)dimensioned plans of the development for the purpose of preparing the site-specific by-laws.

(9)Prior to the introduction of the Bills in Council, the owner be required to amend the existing Heritage Easement Agreement or execute a new Heritage Easement Agreement with the City to replace the existing Agreement, pursuant to the Ontario Heritage Act, for the conservation of the former University Theatre facade and the relocated portal of the Pearcy House facade, in consultation with Heritage Toronto.

(10)The owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Phase 1 Environmental Site Assessment, which may include, but is not limited to:

(a)a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects on the site; and

(b)a Site and Building Audit for identification of all hazardous materials on site and in the existing buildings.

(11)The owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Soil and Groundwater Management Plan, and be required to implement the measures in the Soil and Groundwater Management Plan approved by the Medical Officer of Health.

(12)The owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the entering into of the Statement of Approval of Plans / Undertaking, a Grading and Drainage Plan.

(13)The owner submit, and have approved by the Medical Officer of Health, prior to the issuance of a Building Permit, a Demolition and Excavation Dust Control Plan, and be required to implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health.

(14)The owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a Pedestrian Plan, detailing signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane, and be required to provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services.

(15)The owner submit, and have approved by the Toronto Transit Commission, prior to the issuance of a Building Permit, Site and Foundation Plans, which include:

(a)shoring drawings, showing calculations;

(b)a plot plan, showing the subway structure;

(c)structural calculations showing loads;

(d)a soils / geotechnical report; and

(e)excavating, de-watering and landscape plans.

(16)The owner enter into a Statement of Approval of Plans / Undertaking, delegated to me under Chapter 165, Article IV, of the former City of Toronto Municipal Code, to secure Site Plan Approval, prior to the issuance of a Building Permit.

(17)In connection with the construction of the underground parking garage, the owner be required to:

(a)acquire title to the land below the public lane, prior to the issuance of a Building Permit, while the surface lands (with minimum depth of 0.5 metres from the finished grade) would remain with the City;

(b)submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a detailed design prepared by a qualified municipal engineer showing the manner in which the underground garage will be constructed below the public lane;

(c)construct the roof of the parking structure to Bridge Code Standards;

(d)pay for the cost of reconstruction of the public lane to existing conditions, and in this regard, provide security in the form of a Letter of Credit in an amount satisfactory to the Commissioner of Works and Emergency Services;

(e)indemnify the City from and against all actions, suits, claims, or demands and from all loss, costs, damages, charges, and expenses that may result from the construction of the garage beneath the public highway;

(f)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(g)indemnify the City from and against any loss or damage to the waterproofing and structure resulting from the maintenance and reconstruction of the lane pavement, unless such loss or damage is caused by negligence of the City; and

(h)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation.

(18)The owner be advised of the Comments of Civic Officials appended to this report, including:

(a)the requirement to pay a Parks Levy, in lieu of a conveyance of land, pursuant to Chapter 165, Development of Land, Article I, Conveyance of Land for Parks Purposes, of the former City of Toronto Municipal Code, prior to the issuance of a Building Permit;

(b)the comments of the Manager, Development Approval, Urban Planning and Development Services, respecting their Zoning review and required approvals;

(c)the comments and requirements of the Toronto Transit Commission for approval of the development;

(d)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;

(e)to apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to submission of an application for a Building Permit.

(f)that the Bloor Street West boulevard must be designed in accordance with the guidelines of the Commissioner of Works and Emergency Services;

(g)the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling / shoring etc. from the Commissioner of Works and Emergency Services, prior to construction; and

(h)the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection;

(19)The construction plan be formulated in consultation with the two Ward Councillors and the satisfaction of the Commissioner of Urban Planning and Development Services;

(20)The Commissioner of Urban Planning and Development Services and the Ward Councillors facilitate an agreement with 110 Bloor Street West on construction-related access to Cumberland Street;

(21)The Commissioner of Urban Planning and Development Services consider and report to the Toronto Community Council on the facilitation of an archeologist on site during the excavation phase of the project, as suggested by Ms. Jane Beecroft in her deputation; and

(22)The proponent meet with the Commissioner of Works and Emergency Services and the Commissioner of Urban Planning and Development Services to pursue entry/exit to the construction site from Bloor Street West.

The Toronto Community Council reports, for the information of Council having requested:

(1)the Commissioner of Urban Planning and Development Services, in consultation with the Commissioner of Community and Neighbourhood Services, to report directly to Council regarding the social needs of residents of this development, and to comment on the capacity of nearby schools, child care centres and community centres to serve the new residents; and

(2)the Commissioner of Works and Emergency Services to report directly to Council on the possibility of a tow-away zone or no-stopping zone on Critchley Lane.

The Toronto Community Council submits the following report (September 1, 1998) from the Commissioner of Urban Planning and Development:

Purpose:

To provide final recommendations respecting an application for Official Plan and Zoning By-law amendments for a new mixed-use development for 86, 96 and 100 Bloor Street West.

Source of Funds:

Not applicable.

Recommendations:

(1)That, if City Council supports the continued conservation of the existing Pearcy House facade, at 96 Bloor Street West, in accordance with the Heritage Easement Agreement registered on title, then Application 197027 should be refused in its current form and/or

(2)That, if City Council supports the preservation of the existing Physicians and Surgeons Building, at 86 Bloor Street West, pursuant to the recommendations of the Board of Heritage Toronto, then Application 197027 should be refused in its current form or

(3)That, if City Council supports Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development, then City Council should adopt Recommendations 4 to 20 below.

(4)That the City Solicitor be requested to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto), for lands known in the year 1998 as 86, 96 and 100 Bloor Street West, substantially as set out below:

"86, 96 and 100 Bloor Street West

See Map 18. at the end of this Section.

(a)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(I)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(ii)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(iii)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes; and

(b)the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(i)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(ii)a contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park, such contribution to be reported on and finalized prior to the introduction of the Bills in Council;

(iii)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(iv)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(viii)that the owner submit, and have approved by the Commissioner of Works and Emergency Services, within twelve months of the opening of the cinema / theatre complex, a Monitoring Report, which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6:00 pm, and the need for any additional elements in the Parking Information Plan; and

(5)That the City Solicitor be requested to submit, in consultation with the Commissioner of Urban Planning and Development Services, a draft by-law to amend the City's Zoning By-law (438-86, as amended) as it affects the lands known as 86, 96 and 100 Bloor Street West so as to:

(a)exempt the lands shown on the Key Map attached to this report from the following Sections of By-law 438-86, as amended:

4 (2) Height Limits: Buildings and Structures;

4 (5) Parking Spaces (b);

4 (14) Setbacks from the centre line of a Public Lane (a);

8 (3) Part I - Density;

8 (3) Part III - Open Space 1. (a); and

(b)permit, on the lands shown on the Key Map attached to this report, the erection and use of a mixed commercial and residential building, including below-grade parking, provided that:

(i)the maximum combined residential gross floor area and non-residential gross floor area of the building does not exceed 33,675 m2, of which:

(a)not more than 20,020 m2 of residential gross floor area shall be used for residential dwelling purposes;

(b)not more than 6070 m2 of non-residential gross floor area shall be used for retail purposes; and

(c)not more than 7585 m2 of non-residential gross floor area shall be used for motion picture or other theatre purposes;

(ii)the maximum number of dwelling units does not exceed 160;

(iv)not less than 445 parking spaces are provided and maintained to serve the building, provided:

(a)not less than 122 parking spaces are provided on-site for the exclusive use of the residents of the building;

all provided that the owner of the lands enters into an Agreement with the City pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

(aa)retention and incorporation of the former University Theatre facade and the portal of the Pearcy House facade into the proposed mixed-use development;

(cc)a cash contribution to the City in the amount of $8000 for costs to monitor traffic and pedestrian conditions, and for traffic related improvements;

(dd)provision and maintenance of One Percent for Public Art on publicly-accessible portions of the lands or on City-owned lands adjacent thereto;

(6)That site-specific By-laws 434-89, 435-89 and 436-89 be repealed, on the coming into force of the Official Plan and Zoning By-law amendments recommended in Recommendations 4 and 5 above.

(7)That, prior to the introduction of the Bills in Council:

(b)the owner provide the City Solicitor with any postponements as required; and

(8)That the owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, to address interim access to 102 Bloor Street West, and which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation.

(9)That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the introduction of the Bills in Council, a Noise Impact Statement, and be required to:

(b)provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services.

(10)That the owner submit, to the Commissioner of Works and Emergency Services, at least three weeks prior to the introduction of the Bills in Council:

(b)dimensioned plans of the development for the purpose of preparing the site-specific by-laws.

(11)That, prior to the introduction of the Bills in Council, the owner be required to amend the existing Heritage Easement Agreement or execute a new Heritage Easement Agreement with the City to replace the existing Agreement, pursuant to the Ontario Heritage Act, for the conservation of the former University Theatre facade and the relocated portal of the Pearcy House facade, in consultation with Heritage Toronto.

(12)That the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Phase 1 Environmental Site Assessment, which may include, but is not limited to:

(a)a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects on the site; and

(b)a Site and Building Audit for identification of all hazardous materials on site and in the existing buildings.

(13)That the owner submit, and have approved by the Medical Officer of Health, prior to the introduction of the Bills in Council, a Soil and Groundwater Management Plan, and be required to implement the measures in the Soil and Groundwater Management Plan approved by the Medical Officer of Health.

(14)That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the entering into of the Statement of Approval of Plans / Undertaking, a Grading and Drainage Plan.

(15)That the owner submit, and have approved by the Medical Officer of Health, prior to the issuance of a Building Permit, a Demolition and Excavation Dust Control Plan, and be required to implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health.

(16)That the owner submit, and have approved by the Commissioner of Works and Emergency Services, prior to the issuance of a Building Permit, a Pedestrian Plan, detailing signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane, and be required to provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services.

(17)That the owner submit, and have approved by the Toronto Transit Commission, prior to the issuance of a Building Permit, Site and Foundation Plans, which include:

(a)shoring drawings, showing calculations;

(b)a plot plan, showing the subway structure;

(c)structural calculations showing loads;

(d)a soils / geotechnical report; and

(e)excavating, de-watering and landscape plans.

(18)That the owner enter into a Statement of Approval of Plans / Undertaking, delegated to me under Chapter 165, Article IV, of the former City of Toronto Municipal Code, to secure Site Plan Approval, prior to the issuance of a Building Permit.

(19)That, in connection with the construction of the underground parking garage, the owner be required to:

(c)construct the roof of the parking structure to Bridge Code Standards;

(f)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(h)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation.

(20)That the owner be advised of the Comments of Civic Officials appended to this report, including:

(b)the comments of the Manager, Development Approval, Urban Planning and Development Services, respecting their Zoning review and required approvals;

(c)the comments and requirements of the Toronto Transit Commission for approval of the development;

(d)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;

(e)to apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to submission of an application for a Building Permit.

(f)that the Bloor Street West boulevard must be designed in accordance with the guidelines of the Commissioner of Works and Emergency Services;

(h)the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection.

Background:

1.Applicant and owners:

The application and revised plans were submitted by Kim Kovar, Aird and Berlis, Barristers and Solicitors, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, Ontario, M5J 2T9, on behalf of B.C. Pacific Capital Limited and 695146 Ontario Limited (Gentra).

2.Site:

Nos. 86, 96 and 100 Bloor Street West are located on the north side of Bloor Street West, west of Bellair Street. The combined site area is 3579.5 m2, with approximately 71 metres of frontage along Bloor Street West and Critchley Lane to the north.

Currently, 86 Bloor Street West contains a 7-storey commercial-office building, known as the Physicians and Surgeons Building, and Flo's Diner, a one-storey Neo-Art Moderne style restaurant which fronts on Bellair Street. The Physicians and Surgeons Building, which was built in 1922, is listed on the City's Inventory of Heritage Properties. No. 96 Bloor Street West, which is currently used together with 100 Bloor Street West as a commercial parking lot, contains the three-storey front facade of the former Sanderson Pearcy House. The Lothian Mews, well-remembered for its retail shops and courtyard complex, was once located behind the Pearcy House facade. The Pearcy House facade was listed in 1974 and designated under the Ontario Heritage Act by By-law by City Council in 1976. No. 100 Bloor Street West contains the front portion and facade of the former 1328-seat University Theatre, built in 1947. The University Theatre facade was listed in 1986 and designated in 1987.

3.Surrounding area:

A 16-storey, 120-unit, residential building is located immediately west of the site at 102 Bloor Street West. A public lane, known as Critchley Lane, and the Village of Yorkville Park are located immediately north of the site. The Village of Yorkville Park was formerly known as Cumberland Park. A variety of lower scale retail uses, and some residential uses, are located farther north in the Village of Yorkville.

4.Revised proposal:

The revised proposal, received August 12, 1998, is a 25-storey, 9.4 times density, mixed-use development containing:

(a)6067 m2 of non-residential gross floor area (or 1.7 times coverage) for retail uses;

(b)7585 m2 of non-residential gross floor area (or 2.1 times coverage) for nine Famous Players' movie theatres, containing a total of 3090 seats;

(d)a four-level underground parking garage containing 395 parking spaces and three loading spaces.

5.History:

Application 197027 was received November 19, 1997.

The Preliminary Report, dated February 2, 1998, was adopted by the Toronto Community Council at its meeting on February 18, 1998.

6.Public review:

The public meeting in the community was held at Jesse Ketchum Public School on May 19, 1998. Approximately 35 people attended the public meeting. While the proposal was well-received by some in attendance, others expressed concerns. Concerns included that: the proposal is too big and too tall; the shadow impacts on the Village of Yorkville Park will be too excessive; the Pearcy House (Lothian Mews) facade should be saved; and area parking and traffic problems will be worsened.

Comments:

7.Planning Controls:

7.1Applicable Official Plan policies:

The Official Plan designates the site a High Density Mixed Commercial-Residential Area 'A'. As discussed in Section 13.12 of the Plan, a High Density Mixed Commercial-Residential Area is largely built up with tall, high density commercial and residential buildings. According to the Plan, these areas should be developed to help realize the housing intensification objectives of the Plan and high density residential buildings in these areas generally contain retail uses at grade. In a High Density Mixed Commercial-Residential Area 'A', the maximum permitted total gross floor area is 6.0 times the area of the lot.

The site is also within the North Midtown Part II Plan area, and is affected by the provisions of the related Design Guidelines for North Midtown.

7.2Applicable Zoning:

The City's Zoning By-law (438-86, as amended) zones the site CR T6.0 C4.5 R6.0. This high density mixed-use zone permits a mixed-use building with a maximum density of 6.0 times coverage. The governing Height Limit is 46 metres.

8.Planning considerations:

8.1Historic facades and the Physicians and Surgeons Building:

In 1989, Council adopted Official Plan and Zoning By-law amendments to permit a 17-storey, 7.8 times density, hotel and cinema complex at 96 and 100 Bloor Street West. At the time, the applicant was Cineplex Odeon. Council supported the amendments, subject to a Heritage Easement Agreement to preserve and incorporate the facades of the former Pearcy House and the University Theatre. The Heritage Easement Agreement was entered into and is registered on title. The Physicians and Surgeons Building site, at 86 Bloor Street West, was not part of the 1989 proposal, but is included in the current application. The Physicians and Surgeons Building was listed on the City's Inventory of Heritage Properties for architectural reasons in 1982.

The current proposal retains and restores the historic University Theatre facade and appropriately incorporates it into the development as the main entrance to the new cinemas. The applicant has also advised Heritage Toronto that the canopy will be restored and a new vertical sign will be reconstructed to match the original "University" sign which was once attached to the front facade. Planning staff and Heritage Toronto support the proposed re-use of the former University Theatre facade.

However, the owner proposes to retain only a small element of the Pearcy House facade. The revised plans relocate the main entrance limestone portal of the Pearcy House facade into the Bellair Street lobby entrance for the proposed residential tower. The remainder of the facade is proposed to be demolished. According to Heritage Toronto, the Pearcy House facade provides an important view terminus to the top of St. Thomas Street, and could be incorporated into the development to accommodate retail shops on Bloor Street.

The Physicians and Surgeons Building is also proposed to be demolished. Heritage Toronto advises that the Physicians and Surgeons Building is the only building between Avenue Road and Sherbourne Street on Bloor Street which reflects the professional and commercial development of the medical practice between World War I and II, and it should be saved.

The applicant submitted to the City a Heritage Assessment, dated March 1998, and later, submitted to Heritage Toronto a Statement of Attributes and Public Benefits, dated June 3, 1998. According to the applicant, the design and the structural and floor space requirements of their project precludes retention of the Pearcy House facade and the Physicians and Surgeons Building.

At its meeting held on June 17, 1998, the Board of Heritage Toronto adopted the recommendations of the report of their Managing Director, dated June 9, 1998, respecting the current application. Heritage Toronto's support is conditional upon: revisions to the proposal to include the Pearcy House facade and the Physicians and Surgeons Building; the owner agreeing to enter into a Heritage Easement Agreement to preserve the Physicians and Surgeons Building; and the owner posting a Letter of Credit with the City in an amount and form satisfactory to secure the restoration of all the historic components of this development.

In light of the conditions of Heritage Toronto and the position of the applicant, I am requesting that Council provide direction on this matter. If Council supports the continued conservation of the facade of the former Pearcy House, in accordance with the existing Heritage Easement Agreement registered on title, then Application 197027 should be refused in its current form. If Council supports the preservation of the existing Physicians and Surgeons Building, pursuant to the recommendations of the Board of Heritage Toronto, then Application 197027 should be refused in its current form. If Council supports Application 197027, which proposes to retain and incorporate the former University Theatre facade and the portal of the Pearcy House facade into the proposed development, as described above, then it should approve the recommended amendments to the Official Plan and Zoning By-law.

8.2Density, height and massing:

The maximum total density permitted on this site by the Official Plan and base Zoning By-law provisions is 6.0 times coverage. The applicant proposes to construct a 33,667 m2 mixed-use building on a 3579.5 m2 site. The total density is 9.4 times coverage.

The total densities of several buildings on Bloor Street West within the High Density Mixed Commercial-Residential Area 'A' are greater than the density of the proposed building. As examples: 102 Bloor Street West (immediately west of the subject site) has a density of 13 times coverage; 110 Bloor Street West is 12.8 times coverage; and 101 Bloor Street West (on the south-west corner of Bloor and St. Thomas Streets) is 12 times coverage. The new Windsor Arms development, a mixed hotel and residential building under construction on the north-west corner of Sultan and St. Thomas Streets, which is within the same zone as the subject site, has a density of 7.3 times coverage.

The base Height Limit applicable to the site is 46 metres. Existing buildings on Bloor Street in this area vary in height, but several buildings exceed the base Height Limit. For example, 102 Bloor Street West, which is immediately west of the subject site, is 59 metres in height. The tallest building within this zone is the terraced Renaissance Plaza, at 150 Bloor Street West, which reaches a height of 81.5 metres.

The height and massing of the proposed building can be described in two parts. First, the primarily non-residential component of the building, which contains the retail uses, nine cinemas and the main entrance to the residential tower, is 38 metres in height. This 'base' component of the building has also been notched-out on the north-west corner, and a lower 35-metre high street-edge, with a 45-degree angular plane, has been incorporated on the north elevation to increase sunlight access to the Park and Cumberland Street. The residential tower component, which is situated on the south-east end of the site, is 84.4 metres (or 25 storeys) tall at its main roof line. The upper floors of the tower have been stepped back to reduce the visual impact of the bulk of the building and to improve sunlight access to the north. At its most northerly point, the tower is set back 9.3 metres from the north property line. While the tower component of the proposed building is relatively tall, it covers less than half of the site. The base of the building is eight metres below the height limit and will be lower than most of the larger buildings on Bloor Street in this area. It should be noted that the elevations submitted with the revised plans, dated August 12, 1998, label the overall height at 83 metres. This is an error. Departmental review, including submitted sun/shadow studies, was based on a building which is 84.4 metres tall, with a 0.4 metre tall parapet. The project architect confirms their error. Prior to Site Plan Approval, corrected elevations will be submitted.

The applicant submitted a Pedestrian Level Wind Study, dated March 25, 1998, for review. The study finds that pedestrian level winds around the site will be acceptable.

Section 10.3 © of the Design Guidelines for North Midtown states that "New buildings should be located and designed to minimize overshadowing of the public sidewalk on the north side of Cumberland Street by ensuring that 60 percent of the sidewalk is in sunlight at noon on March 21/September 23." The current application was not revised to strictly adhere to this recommendation in the Design Guidelines for North Midtown. Instead, Parks staff compared the shade/shadow conditions illustrated in their Cumberland Park Design Competition report against the current proposal. Parks and Planning staff together assessed shadow impact analyses to ensure that sunlight access to the Park, and the sidewalks on Cumberland and Bellair Streets, would be satisfactory for various months and times. Staff are now satisfied that the massing of the current proposal allows for acceptable sunlight conditions.

Overall, the density and height of the proposal generally reflect the surrounding context, and its massing addresses wind and sunlight access concerns.

8.3Section 37:

Not unlike other large projects which require amendments for significant increases in density and height, this application will include a contribution pursuant to Section 37 of the Planning Act and existing Official Plan policies. The applicant has proposed to provide the funds required to re-design and reconstruct the existing Bay Subway station entrance within the Village of Yorkville Park; however, the preliminary estimates provided by the applicant for this contribution are less than an amount consistent with policies on these types of Section 37 benefits. Negotiations are on-going, and the appropriate Section 37 contribution has not been finalized. I am recommending that the applicant be required to enter into a Section 37 Agreement to secure a contribution and those facilities, services and matters referenced in Recommendations 4 and 5, prior to the introduction of the Bills in Council. I will report further on this matter.

8.4Streetscape:

The project has four frontages: Bloor Street West, Bellair Street, Critchley Lane/Village of Yorkville Park and the pedestrian walkway between the site and 102 Bloor Street West. In the Preliminary Report, I stated that highly animated street-edges, and an appropriate at-grade relationship with the Village of Yorkville Park and along the length of the pedestrian walkway are important planning objectives.

As discussed, the Bloor Street frontage appropriately incorporates the University Theatre facade. The south elevation also shows a very large window element or curtain wall, approximately 30 metres by 30 metres in size, which is on axis with the St. Thomas Street view terminus. Escalators and interior circulation areas will be visible to the street, which will make for an interesting and very animated street-edge.

A similar, but smaller curtain wall is shown on the north elevation. The latest plans show secondary exit doors for the cinemas to an on-site sidewalk along a portion of the north edge of the site. Doors to the ground floor retail areas are also included along the north side of the building. Notwithstanding, I am concerned that most of the north side of the north elevation of the building is blank and unanimated. I am requiring that revised plans be submitted to show improvements in the animation and articulation of the north elevation. Such revisions will be necessary to obtain Site Plan Approval.

While the base of the building has been satisfactorily set back from 102 Bloor Street West, I am also concerned with the lack of animation on the west elevation. Materials and detailing are undefined. Significant improvements to the west elevation, in terms of animation, are required.

The Bellair Street elevation includes the entrance to the residential building and access to the below-grade parking and loading areas. As discussed, the applicant is proposing to relocate the main entrance limestone portal of the Pearcy House facade into the Bellair Street lobby entrance for the proposed residential tower.

8.5Setback from 102 Bloor Street West:

No. 102 Bloor Street West, located immediately west of the subject site, is a 16-storey building which was converted from office uses to residential uses in 1996, and it contains dwelling units which face east toward the subject site. In my Preliminary Report, I commented that the west elevation of the proposal should be set back no less than 5.5 metres from the property line and should, if possible, angle farther away towards the north and south property lines. This recommendation was made to ensure minimally acceptable light and view conditions for the east facing units of 102 Bloor Street West.

The first two floors of the base of the proposed building are set back 2.2 metres from the west property line. At the third floor, the west elevation is set back 4.0 metres and 5.5 metres, and arcs away slightly at the south and north property lines. The fourth floor is set back a minimum 5.5 metres. At the fourth floor mezzanine level, and for all floors above, the base is notched-out towards the south and north property lines, which increases the setback by another 3.0 metres.

The revised plans satisfactorily address this Department's concerns respecting the setback from 102 Bloor Street West.

8.6Parking:

The applicant proposes 395 below-grade parking spaces; however, the current plans do not delineate the number of spaces allocated to the residential dwelling units, and the retail and movie theatre uses. The applicant's parking and traffic consultant has advised me that their building garage will contain 160 parking spaces for the 160 residential dwelling units; 10 parking spaces for visitors to the residential building; and 225 parking spaces for the commercial uses. The applicant and the Parking Authority of Toronto are in discussions respecting management of the on-site commercial parking spaces. The applicant also proposes to provide 100 off-site parking spaces.

Buildings' officials have advised me that the Zoning By-law requirements for parking for this application are as follows: 90 parking spaces for the residential dwelling units; 10 parking spaces for visitors to the residential building; 61 parking spaces for the retail uses; and 627 parking spaces for the cinema uses. The total Zoning By-law parking requirement is 788 parking spaces. It should be noted that Buildings' staff have applied the more restrictive 'Not-in-force' Place of Assembly parking requirement to the cinema uses.

However, staff of Works and Emergency Services have reviewed the application, including area traffic and parking information provided by the applicant's traffic and parking consultant, and concluded that the proposed provision of 395 on-site parking spaces and 100 off-site parking spaces satisfies the estimated demand generated by the project for 445 parking spaces. The Commissioner of Works and Emergency Services recommends that the applicant be required to provide 445 parking spaces to serve the project, with a minimum of 122 on-site parking spaces for the residents of the building, and 235 on-site parking spaces for the visitors to the residential component of the building and for the commercial uses. I am recommending that 10 of the required 235 parking spaces be provided on-site within the below-grade garage for the exclusive use of visitors to the residential component. Eighty-eight of the 445 parking spaces required by the Commissioner of Works and Emergency Services may be provided off-site, which would allow for the applicant to provide 160 parking spaces on-site for the exclusive use of the residents.

While the applicant's proposal to lease off-site parking spaces is acceptable in principle to the Commissioner of Works and Emergency Services, he advises that this arrangement be monitored, and is recommending that the applicant be required to submit, and have approved, within twelve months of the opening of the theatres, a Monitoring Report, detailing parking utilization on the site and in the off-site facility.

8.7Traffic:

The Commissioner of Works and Emergency Services has reviewed traffic forecast information supplied by the applicant's consultant. According to submitted information, the peak of vehicular traffic activity associated with uses on this site is forecast to occur during the weekday evening, and will generate 100 and 110 net new vehicles inbound and outbound, respectively. Given that the project will include parking in an underground garage to serve residents, retail customers and a portion of theatre customers, as well as providing arrangements in an off-site facility to accommodate the remaining theatre parking, traffic activity will be dispersed, rather than concentrated entirely at the site.

The consultant's information indicates that the new development will not create any significant changes in traffic operations within the area. Notwithstanding, in order to respond to any potential measures which may be required as a result of this project, or any other traffic management measures identified by the businesses and residents in Yorkville and the Commissioner of Works and Emergency Services, to mitigate traffic impacts caused by the project, the Commissioner of Works and Emergency Services is recommending that the applicant be required to partially off-set the cost of monitoring traffic and pedestrian activity and the implementation of possible measures through a one-time cash contribution of $8,000.

The Commissioner of Works and Emergency Services advises me that the analysis of pedestrian activity indicates pedestrian volumes will increase significantly at peak times, in particular, on the sidewalk on the north side of Bloor Street West. This is partially off-set by the proposed entrance/exit onto Critchley Lane, which will redistribute some activity away from Bloor Street West and Bellair Street. The issue of safety for pedestrians exiting to Critchley Lane will be examined in further detail to establish additional warning and safety elements to minimize potential conflicts between vehicular traffic and pedestrians.

8.8TTC Subway connection:

When the application was first submitted, the owner proposed a below-grade walkway connection to the Bay TTC Subway station. The connection would have been made beneath the now complete Village of Yorkville Park. The applicant has since abandoned this proposal because of the close proximity of the site to the existing ground level entrances to the Bay TTC Subway station, which will maintain a higher level of pedestrian activity at grade and through the park.

8.9Loading:

The revised plans show one Type G and two Type B loading spaces on the Concourse Plan. The Commissioner of Works and Emergency Services advises me that the proposed number of loading spaces satisfies estimated loading demand generated by the project and the requirements of the Zoning By-law.

8.10Bicycle parking:

Buildings' staff have advised me that the Zoning By-law requirements for bicycle parking are 96 bicycle parking spaces for the occupants of the building and 24 bicycle parking spaces for visitors. The proposal does not meet the requirements. The current bicycle parking provisions are not onerous, and I am not recommending that the application be exempted from the requirements. I am recommending that, prior to Site Plan Approval, the applicant submit revised plans which meet the bicycle parking requirements.

8.11Amenity space:

The revised plans, date stamped August 12, 1998, show 320 m2 of Indoor Amenity Space and 320 m2 of Outdoor Amenity Space on the 11th Floor and on the roof above the cinemas. The proposed amount of Indoor and Outdoor Amenity Space meets the requirements of the Zoning By-law.

8.12Public Art:

Section 10.11 of the Official Plan states that it is the policy of Council to enhance opportunities for establishing public art by achieving a contribution of public art in all development proposals exceeding 20,000 m2 of gross floor area, the cost of which is equal to one percent of the project's gross construction costs. The gross floor area of the applicant's proposal exceeds 20,000 m2, and is therefore subject to this provision.

8.13Construction phasing:

In order to increase the on-site parking supply and improve the layout of the below-grade plans, the applicant is proposing to encroach and build a portion of the underground garage beneath Critchley Lane. This proposal will require the temporary closing of a portion or all of Critchley Lane during the construction of the building. Parking and loading access to 102 Bloor Street West, which is located immediately west of the subject site, is achieved via Critchley Lane.

In a letter, dated August 13, 1998, the Commissioner of Works and Emergency Services requested the applicant to submit a Construction Phasing Plan to demonstrate how access to the parking and loading facilities for 102 Bloor Street West will be maintained during construction of the project, if the Lane or a portion of it has to be closed. Interim access arrangements for 102 Bloor Street West could not only affect Critchley Lane but the Village of Yorkville Park itself.

Accordingly, I am recommending that the owner submit, and have approved by the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism (Parks and Recreation Division), prior to the introduction of the Bills in Council, a Construction Phasing Plan, which will include, but is not limited to, a requirement that the owner fully reconstruct Critchley Lane or any other affected public lands, and a provision that the owner provide to the City a Letter of Credit, satisfactory to the City Treasurer, to secure that obligation.

Conclusions:

Subject to Council's direction on the Pearcy House facade and the Physician and Surgeons Building, I believe that the revised proposal should be supported. It will improve the area and appropriately return movie theatre uses to the former University Theatre site. I am satisfied that the current massing will minimize shadow impacts on the Village of Yorkville Park and Cumberland Street.

Some revisions to the plans will be necessary to respond to required modifications, including increased animation on the north and west elevations, which can be addressed through delegated Site Plan Approval.

Contact Name:

Michael Mizzi

City Planner, City Planning Division, North

Telephone: 392-1324

Fax: 392-1330, E-mail: mmizzi@toronto.ca

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Application Data Sheet

Site Plan Approval:	Y	Application Number:	197027
Rezoning:	Y	Application Date:	November 19, 1997
O. P. A.:	Y	Date of Revision:	August 12, 1998

Confirmed Municipal Address:86, 96 and 100 Bloor Street West

Nearest Intersection:	North side of Bloor Street West, west of Bellair Street.

Project Description:	To construct a mixed residential, retail and cinema building.

Applicant:

B.C. Pacific Capital / 695146

Ontario Ltd. (Gentra)

Agent:

Aird and Berlis (Kim Kovar)

BCE Place, Suite 1800

865-7769

Architect:

Au and Graham Architects

26 Dalhousie St., Suite 200

368-1941

Planning Controls (For verification refer to Chief Building Official)

OP Designation: HDMCRA 'A' Site specific by-laws: 434-89, 435-89, 436-89

Zoning District: CR T6.0 C4.5 R6.0 Historical Status: 86 Listed, 96 and 100 Designated

Height Limit (m): 46.0 Site Plan Control: Yes

Project Information

Site Area:
3579.5 m²
Height: Storeys: 25 + Mechanical

Frontage:
70.9 m
Metres: 84.4

Depth:

Indoor:

Ground Floor: Parking:
395

Residential GFA:
20015.4 m²
Loading:
1
G

Commercial GFA:
13651.3 m²
(number, type)
2
B

Total GFA:
33666.7 m²

Dwelling Units Floor Area Breakdown

Tenure:
Condo
Land Use
Above Grade
Below Grade

1 Bedroom:
129
Residential
19973.9 m²
41.5 m²

2 Bedroom:
27
Retail
5361.5 m²
705.1 m²

3 Bedroom:
4
Cinemas
7488.1 m²
96.6 m²

Total Units: 160 Indoor Amenity Space
320.0 m²

Proposed Density

Residential Density: 5.59 Non-Residential Density: 3.81 Total Density: 9.41

Comments

Status:

Application revised. Note: This application replaces Site Plan Approval Application 397121.

Data valid:

August 12, 1998

Section:

CP North

Phone:

392-7333

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Appendix

Comments of Civic Officials

1.Urban Planning and Development Services (Buildings Section), dated August 18, 1998:

"Our comments concerning this proposal are as follows:

Description:Construct mixed-use building comprising 25 storeys plus a mechanical penthouse, for retail stores, place of amusement (cinemas) and 160 dwelling units.

Zoning Designation:CR T6.0 C4.5 R6.0Map:50J-313

Applicable By-laws:438-86, as amended

Plans prepared by:Au and Graham ArchitectsPlans dated:August 12, 1998

Residential GFA:20015.4 m2

Non-Residential GFA:13651.3 m2

Zoning Review

This 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 height of the proposed building (86.0 metres) exceeds the maximum permitted by 40.0 metres. (Section 4(2)(a))

2.The 225 parking spaces proposed for non-residential uses are deficient of the minimum required 688 by 433. (Note: 61 parking spaces are required for the retail uses and 627 parking spaces are required in conjunction with the proposed cinemas.) (Section 4(5)(b))

3.The proposed parking spaces for visitors to the residential units are not designated or clearly identified. (Section 4(5)(h))

4.The by-law requires the indoor residential amenity space in rooms, one of which contains a kitchen and washroom. No kitchen and/or washroom are shown. (Section 4(12))

5.The by-law requires at least 96 bicycle parking spaces for the occupants of the occupants of the building and 24 bicycle parking spaces for visitors. The proposed building will contain bicycle parking spaces in a room at the mezzanine level. The number of proposed spaces for occupants is not shown. No bicycle parking spaces for visitors is proposed (Section 4(13)(a) and (c))

6.The by-law requires a building or structure to be set back 3.5 metres from the centre line of the public lane. The proposed building or structure is set back 2.59 metres from the centre line of the public lane. (Section 4(14)(a))

7.The by-law requires that the combined non-residential gross floor area and residential gross floor area be not more than 6.0 times the area of the lot: 21477 square metres. The proposed building has 33666.7 square metres of combined non-residential gross floor area and residential gross floor area. (Section 8(3) PART I 1)

8.The by-law requires the provision of at least 644.3 square metres of common outdoor space. The proposed common outdoor space is 0 square metres. (Section 8(3) PART III 1(a))

n/bAll parking spaces must be minimum 2.6 m by 5.9 m and parking for the handicapped must be included.

n/bAccess to commercial spaces and the level of the main floor must be designed in accordance with Section 8(3) PART XI 2. of the Zoning By-law.

n/bAll encroachments will require the approval of the City Works Services Department.

n/bSeparate approvals will be required for signage, pursuant to Chapter 297 of the Municipal Code.

Other Applicable Legislation and Required Approvals

1.The proposal requires Site Plan Approval under Section 41 of the Planning Act.

2.The proposal requires the conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

3.The property is designated historical, and the proposal requires the approval of Heritage Toronto under the Ontario Heritage Act.

4.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code."

2.Works and Emergency Services, dated August 27, 1998:

"Recommendations:

1.That the owner be required to:

(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

(b)Provide and maintain a minimum of 445 parking spaces to serve the project, including at least 122 parking spaces on site for the exclusive use of the residents and at least 323 spaces for residential visitors and the commercial components of the project, of which 88 spaces may be provided off-site, within 300 m of the site;

(c)Provide and maintain a physical separation between the residents' and the residential visitors/commercial portions of the underground parking garage to secure the availability of the residents' parking;

(d)Submit, for the review and approval of the Commissioner of Works and Emergency Services, within 12 months of the opening of the cinema/theatre complex, a monitoring report which details parking utilization on the site and in the off-site parking facility, including the number of days that the off-site facility achieved capacity after 6 pm, and the need for any additional elements in the Parking Information Plan;

(e)Provide, maintain and operate the parking information measures, facilities and strategies stipulated in the Parking Information Plan approved by the Commissioner of Works and Emergency Services;

(f)Pay a cash contribution to the City in the amount of $8,000 for costs to monitor traffic and pedestrian conditions, and for any traffic related improvements;

(g)Comply with the parking space dimensional requirements of the general Zoning By-law, save and except for the parallel parking spaces located along the east side of the underground parking garage which should have a minimum length of 7.0 m;

(h)Provide and maintain minimum widths of 3.5 m and 5.5 m for the access ramp/driveway system serving one-way and two-way traffic, respectively;

(i)Construct the access ramp to the underground garage with a slope not exceeding 5 percent within 6 m of the property line and not exceeding 15 percent along the remaining portions;

(j)Construct those sections of the access ramp/driveway system which provide direct access to the parking spaces with a slope not exceeding 5 percent;

(k)Submit, for the review and approval of the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a Pedestrian Plan which details signage, pavement treatment and other physical conditions needed to ensure safety for pedestrians entering and exiting the site across Critchley Lane;

(l)Provide, maintain and operate the pedestrian measures, facilities and strategies stipulated in the Pedestrian Plan approved by the Commissioner of Works and Emergency Services;

(m)Provide and maintain a minimum of two Type B and one Type G loading spaces on the site with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(n)Provide and maintain minimum inside and outside turning radii of 8.6 m and 13.4 m at all turns to be negotiated by trucks using the Type B loading spaces;

(o)Provide maintain and operate the loading management measures, facilities and strategies stipulated in the Loading Management Plan approved by the Commissioner of Works and Emergency Services;

(p)Provide and maintain a garbage room at least 30 square metres in size and a recycling room at least 15 square metres in size, each equipped with overhead or double doors to accommodate the movement of container bins, to serve the residential component of the project and install and maintain a stationary compactor unit in the garbage room;

(q)Provide and maintain a concrete base pad with a slope not exceeding 2 percent adjacent to, and level with, the front of the Type G loading space for the storage of at least 5 compactor containers on collection day;

(r)Construct the Type G loading space and all driveways and passageways providing access thereto to the requirements of the Ontario Building Code, including allowance for City of Toronto bulk lift and rear bin vehicle loading with impact factors where they are to be built as supported structures;

(s)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;

(t)Submit to the Commissioner of Works and Emergency Services:

(i)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto;

(ii)Dimensioned plans of the development for the purpose of preparing site specific exemption by-laws;

and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;

(u)Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit;

(v)Eliminate the door encroachment, when open, from the Bloor Street West road allowance;

(w)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council, a Noise Impact Statement in accordance with City Council's requirements;

(x)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;

(y)Provide, maintain and operate the noise impact facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;

(z)In connection with the construction of the underground parking garage:

(i)acquire title to the land below the public lane prior to the issuance of a building permit, while the surface lands (minimum depth of 0.5 m from the finished grade) would remain with the City;

(ii)submit, for the review and approval of the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a detailed design prepared by a qualified municipal engineer showing the manner in which the underground garage will be constructed below the public lane;

(iii)construct the roof of the parking structure to Bridge Code Standards;

(iv)pay for the cost of reconstructing the public lane to existing conditions and in this regard, provide security in the form of a letter of credit in an amount satisfactory to the Commissioner of Works and Emergency Services;

(v)indemnify the City from and against all actions, suits, claims, or demands and from all loss, costs, damages, charges, and expenses that may result from the construction of the garage beneath the public highway;

(vi)maintain the structure in good and proper repair and in a condition satisfactory to the Commissioner of Works and Emergency Services;

(vii)indemnify the City from and against any loss or damage to the waterproofing and structure resulting from the maintenance and reconstruction of the lane pavement, unless such loss or damage is caused by negligence of the City; and

(viii)include additional conditions as the City Solicitor and the Commissioner of Works and Emergency Services may deem necessary in the interests of the Corporation;

(aa)Submit to, and have approved by, the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism, prior to the introduction of a bill in Council, construction phasing plans addressing interim access for Premises No. 102 Bloor Street West during construction of this project;

(bb)Submit a grading and drainage plan and revised drawings with respect to Recommendation Nos. 1(c), 1(g), 1(h), 1(I), 1(m), 1(p), 1(q) and 1(v), above, for the review and approval of the Commissioner of Works and Emergency Services;

2.That the owner be advised:

(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(b)That the Bloor Street West boulevard must be designed in accordance with the guidelines of this Department;

(c)Of the need to obtain building location, access and streetscape permits as well as potentially other permits, such as hoarding, piling/shoring etc. from this department prior to construction; and

(d)Of the City's requirement for payment of a service charge associated with the provision of City containerized garbage collection.

Comments:

Location:

Northwest corner of Bloor Street West and Bellair Street.

Proposal:

Construction of a mixed-use project comprising 160 residential condominium dwelling units, 6067 m� of retail space and a 3134-seat cinema facility.

Parking and Access:

The proposed provision of 395 on-site parking spaces in a four-level underground parking garage and 100 off-site parking spaces (for a total of 495 spaces) satisfies the estimated parking demand generated by this project for 445 spaces, including 122 spaces for the residents, 10 residential visitor spaces, 52 spaces for the retail component and 261 spaces for the cinema component. The total estimated parking demand is based in part on the surveyed demand of condominium dwelling units and a review of the parking requirements for various cinema/theatre projects. As far as can be ascertained, the general provisions of the Zoning By-law would require a minimum of 779 parking spaces.

The owner's transportation consultant, BA Group, has indicated in supplemental technical information dated August 18, 1998, to their Traffic Impact Assessment which is discussed in more detail below, that the owner proposes to provide 160 parking spaces (one space per unit) for the residents. This is acceptable as it satisfies the estimated resident demand. An additional 323 spaces would be required to satisfy the demand for residential visitor and commercial parking, including the balance of 235 on-site parking spaces and a minimum of 88 off-site spaces.

The supplemental technical information dated August 18, 1998 proposes an arrangement for the lease of the off-site parking spaces, which is acceptable in principle. The proposal is for the applicant to lease up to 100 parking spaces from the Parking Authority of Toronto facility at Premises No. 50 Cumberland Street, daily after 6 pm. The parking facility would be monitored by the parking operator and if it is found to be fully occupied on a recurring basis, the applicant would secure a suitable alternate off-site arrangement. The term "recurring basis", as it relates to the frequency of full parking lot conditions (i.e. at-capacity), shall be defined as any four observations in a two month period or, any six observations within a six month period or, any lesser frequency of at-capacity conditions mutually agreed to by the City, the parking lot operator and the owner. An "at-capacity" event shall be defined as one or more observations occurring on a survey day in which the parking lot demand meets or exceeds the parking lot supply. In this regard, the applicant's consultant should be required to submit, for the review and approval of the Commissioner of Works and Emergency Services, within 12 months of the opening of the cinema/theatre complex, a monitoring report which details parking utilization on the site and in the off-site facility, including the number of days that the off-site facility achieved capacity after 6 pm.

Supplemental information to the Traffic Impact Assessment dated June 25, 1998 proposes a parking information plan to inform theatre users of the off-site parking facility. This plan is acceptable. Also, the monitoring report referenced above should address the need for any additional elements in the parking information system.

The general layout of the parking spaces is acceptable, however, the plans for all levels must show the dimensions of the spaces and the widths of the driveway aisles. The parking spaces should have minimum dimensions of 2.6 m x 5.9 m, except the parallel spaces located along the east side of the underground parking garage which should have a minimum length of 7.0 m, and the driveway aisles should have a minimum width of 3.5 m for one-way traffic and 5.5 m for two-way traffic. The plans must also indicate that there will be a physical separation between the residential and non-residential portions of the underground parking garage to secure the availability of the resident parking spaces. Although control gates are shown on Level 1, it is not clear if they are intended to separate a portion of the underground parking garage or how they relate to traffic movements.

Access to the underground garage is proposed via a ramp from Bellair Street at the north end of the site. The plans must show the width of the ramp. The slope should not exceed 5 percent within 6 m of the street line (the plans show 3 percent and 7 percent) and not exceed 15 percent along the remaining portions. Also, the slope of any sections of the access ramp/driveway aisle system providing direct access to parking spaces should not exceed 5 percent.

The plans show the construction of the underground parking garage under Critchley Lane, which abuts the site on the north. This is acceptable in principle. However, it will be necessary to submit construction phasing plans to demonstrate how access to the parking and loading facilities for Premises No. 102 Bloor Street West will be maintained during construction of this project. Given the possible implications of the interim access arrangements on the Village of Yorkville Park, the construction phasing plans will also require the review and approval of the Commissioner of Economic Development, Culture and Tourism.

Traffic Impact Assessment:

A Traffic and Parking Study dated May 22, 1998, including supplementary material dated June 25 and August 18, 1998, has been submitted by BA Consulting Group Ltd. on behalf of the owner. This documentation outlines the pedestrian, traffic, parking and loading activity forecast to occur as a result of the project.

The peak of vehicular traffic activity associated with uses on this site is forecast to occur during the weekday evening, and will generate 100 and 110 net new vehicles inbound and outbound, respectively. Given that the project will include parking in an underground garage to serve residents, retail customers and a portion of theatre customers, as well as providing arrangements in an off-site facility to accommodate the remaining theatre parking, traffic activity will be dispersed, rather than concentrated entirely at the site.

The consultant's information indicates the site "will not result in any significant changes in traffic operations within the district". Nevertheless, in order to respond to any potential measures that may be required as a result of this project or any other traffic management measures identified by the Yorkville community and Commissioner of Works and Emergency Services to mitigate the impact of site activity (e.g. changes to traffic regulations, signage or pavement marking modifications, installation of bollards, etc.), the applicant is required to partially offset the cost of monitoring traffic and pedestrian activity and the implementation of possible measures through a one-time cash contribution of $8,000.00.

Pedestrian Analysis:

The analysis of pedestrian activity indicates pedestrian volumes will increase significantly at peak times, in particular on the sidewalk on the north side of Bloor Street West. This is offset to some extent by the proposed entrance/exit onto Critchley Lane, which redistributes some activity away from Bloor Street West and Bellair Street. The consultant has indicated in Figure 3 of the August 18, 1998 submission that a railing could be provided to direct pedestrians using Critchley Lane. The issue of safety for pedestrians exiting to Critchley Lane will need to be examined in further detail, prior to the issuance of a building permit in order to establish additional warning and safety elements to minimize potential conflicts between vehicular traffic and pedestrians.

Loading:

The provision of 2 Type B and 1 Type G loading spaces within the concourse level of the building satisfies the estimated loading demand generated by this project for 2 Type B and 1 Type G loading spaces and, as far as can be ascertained, the Zoning By-law requirement for a like amount. The proposed loading area and loading spaces are configured such that trucks using the loading spaces would be able to enter and exit the loading area in a forward motion, which is acceptable, however, the plans must show the dimensions of the loading spaces.

There is a need to control and regulate the loading activity in order to minimize its impact on the residences and commercial uses in the area, and on traffic operations on Bellair Street, Critchley Lane and Bloor Street West. In this regard, the applicant's traffic consultant identifies a number of signage/operational elements to reduce the impact of the loading activity, which are acceptable.

Refuse Collection:

The City will provide the residential component of this project with the bulk lift method of refuse collection in accordance with the Municipal Code, Chapter 309, Solid Waste. This will require the provision of a Type G loading space and the storage and handling facilities identified in Recommendation Nos. 1(p) to 1(s), above, which must be identified and clearly shown on the plans.

It is the policy of City Council to levy a service charge on all new residential 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 refuse generated by the commercial component will require the services of a private refuse collection firm.

Municipal Services and Storm Water Management:

The existing water distribution and sanitary sewer systems are adequate to accommodate this development.

The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and approval.

Encroachments:

The plans show that a door will encroach, when opened, onto the Bloor Street West road allowance. This is not acceptable and this encroachment must be eliminated.

Work Within the Road Allowance / Permits:

It will be necessary for the owner to submit a separate application to this Department for a permit(s) in respect of any work proposed or required within the road allowance. In regard to streetscape work within the Bloor Street West road allowance, the design of the boulevard must meet this Department's guidelines for pedestrian accommodation, greening and aesthetics. Clarification on how these standards will apply to this site can be obtained from the Streetscape Program at 392-3808. Building location, access and other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible for obtaining the applicable permits and should be advised to contact the Road Allowance Control Section (RACS) at 392-2984 regarding the site specific permit/licence requirements for Bloor Street West and the By-law Administration Division at 392-7877 for Bellair Street."

3.Toronto Transit Commission, dated August 7, 1998:

"The comments in my letter to the former Metro Planning Department, dated December 24, 1997 (copy attached), still apply, with the exception of the requirements associated with the previously proposed direct pedestrian connection to the Bay subway station. By letter dated May 12, 1998 (copy attached), Mr. K.C. Au, Au and Graham Architects Inc., indicated that the applicant would not be pursuing the direct subway connection. We encourage the applicant to reconsider this decision since a direct connection would provide a convenient alternative to accessing the site by car."

4.Toronto Transit Commission to Metro Planning, dated December 24, 1997:

"It is noted that the Bloor-Danforth 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:

(i)shoring drawings showing calculations;

(ii)plot plan showing the subway structure;

(iii)structural calculations showing loads;

(iv)soils / geotechnical report;

(v)excavating, de-watering and landscaping plans; and

(vi)detailed plans of entrance connection.

Subsequent approval of the foregoing development is subject to any conditions that may be specified to the applicant by Mr. Garisto. As the proposed development may encroach on the subway easement, and encroachment agreement may be required between the applicant, Metro and the TTC.

As the developer is proposing a subway entrance connection, he should be aware that both escalators and elevators from the street to the platform will be required. The provision and maintenance of such facilities will be the responsibility of the developer as part of a development agreement. In this regard, the developer should again contact 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 the 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, though 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 effects."

5.Fire Department, dated June 26, 1998:

"Please be advised that when the pertinent requirements of the Ontario Building Code have been applied relative to this project, our Department may be deemed as satisfied."

6.Public Health, dated June 16, 1998:

"Thank you for your request of March 30, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments:

The application proposes to construct condominiums on this site. A review of our files indicates that we have no information on the subject site.

Additional information is required by EHS staff in order to adequately conduct a review of the environmental conditions at the subject site. This should include an Historical Review, Site and Building Audit, Soil and Groundwater Management Plan, and a Dust Control Plan, details of which are included in the enclosed attachment. This information will help to identify any environmental concerns with respect to the subject property.

Recommendations:

1.That the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site. This report should be submitted to the Medical Officer of Health, for review prior to the introduction of a Bill in Council.

2.That the owner shall conduct a site audit for the identification of all hazardous materials on site. The removal of these materials should be conducted in accordance with Ministry of Labour and Ministry of Environment and Energy Guidelines. A report on the site audit should be submitted to the Medical Officer of Health for review, prior to the introduction of a Bill in Council.

3.That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposes remediation options to be submitted to the Medical Officer of Health, for approval, prior to the introduction of a Bill in Council.

4.That the owner shall implement, under the supervision of an on-site qualified environmental consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the Soil and Groundwater Management Plan.

5.That the owner shall prepare a Dust Control Plan and submit this plan to the Medical Officer of Health for approval, prior to the issuance of any building permit.

6.That the owner shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter, I will inform the applicant in respect to this matter. If you have any questions, contact me at 392-7685."

7.Heritage Toronto, dated June 9, 1998:

"Recommendation:

That Heritage Toronto support this proposal on the following conditions:

1.That the proposal be revised to include the Lothian Mews facade and the Physicians and Surgeons Building at 86 Bloor Street West.

2.That the owner agree to enter into a Heritage Easement Agreements to preserve the historic building at 86 Bloor Street West.

3.That the owner post a letter of credit with the City in an amount and form satisfactory to the Managing Director, in consultation with the City Solicitor, to secure the restoration of all the historic components of this development.

Comments:

Background:

The owners are B.C. Pacific Capital Corporation and 69516 Ontario Ltd., c/o Brookfield Commercial Properties Ltd. The project architect is Colin Graham of Graham and Au Architects. The proposal is for a 26 storey (85 metres) mixed use commercial-residential building that will incorporate the facade of the University Theatre as the main entrance to a new cinema complex. The remaining facade of the former Lothian Mews and the historical building known as the Physicians and Surgeons Building, at the corner of Bloor and Bellair, would be demolished.

In October 1997, staff of Heritage Toronto wrote to Urban Development Services in response to the initial circulation of plans for this proposal. Staff expressed support for restoring the theatre facade, but concern for the proposed demolitions. Subsequently, in November, the applicant submitted a Official Plan and Zoning By-law Amendment. Staff of Heritage Toronto have met with the applicants on several occasions who have recently submitted an illustrated Statement of Attributes and Public Benefits, dated June 3, 1998 (copy attached).

Discussion:

This application seeks an increase in height and in density. Six times coverage is the permitted density; the proposal is for 9.9 times coverage. The permitted height is 46 metres; they are proposing 85 metres.

There is a Heritage Easement Agreement registered on title to ensure that the facades of the University Theatre and Lothian Mews would be preserved and eventually incorporated into a new development. City Council recognized the adjacent Physicians and Surgeons Building, constructed in 1922, as an historic building in 1982.

Staff of Heritage Toronto has reviewed the plans and the architect's recent Statement of Attributes and Public Benefits.

The positive aspect of this proposal is that it incorporates the University Theatre facade into the new development as a main entrance to the new cinemas. The canopy will be restored and a new vertical projecting sign will be reconstructed to match the original. All the stone will be repaired and other details will be either repaired or new elements made to match the original high quality detail and finishes.

The proponents suggest that the Lothian Mews cannot be incorporated into the new building. Staff disagree. The Lothian Mews facade forms a terminus to the top of St. Thomas Street. The brick wall with stone highlights could easily be adapted to form shop fronts for Bloor Street. There are other older buildings immediately across the Street that are fully occupied with commercial tenants. There is considerable merit to retaining this facade.

The 1922 Physicians and Surgeons Building at the corner is the only building between Avenue Road and Sherbourne Street that reflects the professional/commercial development of the medical practice between the two wars. Nearby examples include the Medical Arts Building at Bloor and St. George and the former Mount Sinai Hospital on Yorkville Avenue.

In conclusion, staff supports the applicant's intent to restore and bring back to life the University Theatre. We would also expect them to apply similar efforts to the other two historic components on the site. The Official Plan policy supporting historic preservation must be respected. Given the huge increase in height and density, our heritage should benefit - the project should include the retention of the Lothian Mews facade and the Physicians and Surgeons Building. Staff urges the owners to continue to explore options that would retain more of the heritage character of this portion of Bloor Street."

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and a copy thereof is on file in the office of the City Clerk:

-(undated) from Perry and Rae Dellio, Perry's Colonnade;

-(September 11, 1998) from Ms. Jane Beecroft, President, Community History Project;

-(September 15, 1998) from Mr. David J. Whalen;

-(September 16, 1998) from Mr. Robert Sheridan and Ms. Jane Cuddy, The Greater Yorkville Residents' Association;

-(September 16, 1998) from Ms. Kim M. Kovar, Aird & Berlis; and

-(September 16, 1998) from Mr. Robert W. Korthals.

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Ms. Kim M. Kovar, Aird & Berlis;

-Mr. Robert Sheridan, Greater Yorkville Residents' Association;

-Mr. Budd Sugarman, Toronto, Ontario;

-Ms. Jane Beecroft, President, Community History Project;

-Mr. John S. Bailey, President, Famous Players;

-Mr. Colin P. Stevenson, Teplitsky, Colson, obo Nicolas Manowear;

-Mr. J. Viscoff, Brookfield Property Management;

-Mr. Rowland Douglas, Toronto, Ontario; and

-Mr. Maxwell Leveson, Toronto, Ontario.

(City Council on October 1 and 2, 1998, had before it, during consideration of the foregoing Clause, the following report (September 28, 1998) from the General Manager, Transportation Services, Works and Emergency Services:

Purpose:

To report on the feasibility of introducing a "No Stopping Anytime" zone or a tow-away zone in Critchley Lane.

Funding Sources, Financial Implications and Impact Statement:

Not applicable

Recommendations:

It is recommended that this report be received for information.

Background:

Toronto Community Council, at its meeting of September 16, 1998, in considering a report (September 1, 1998) from the Commissioner of Urban Planning and Development entitled, "Final Report - Application No. 197027 for Official Plan and Zoning By-law Amendments - 86, 96 and 100 Bloor Street West (University Theatre) (Midtown)", recommended the adoption of this report and requested, among other things, that the Commissioner of Works and Emergency Services submit a report to City Council for its meeting of October 1, 1998, on the possibility of establishing a tow-away zone or no-stopping zone on Critchley Lane (Clause 87 of Report No. 11 of the Toronto Community Council).

Comments:

Critchley Lane, from Bay Street to its terminus approximately 93 metres west of Bellair Street, is a public lane with a pavement width of approximately 5 metres. In accordance with the provisions of Chapter 400-33F of the City of Toronto Municipal Code, which prohibits parking in any lane where signage to that effect is posted, signs are currently posted in this lane prohibiting parking.

Under the provisions of Section 170(15) of the Highway Traffic Act of Ontario, any vehicle found by a police officer (or any other person authorized to enforce the provisions of the Act) to be parked on any public highway (which includes a public lane) so as to interfere with the movement of traffic or snow removal activities or to be parked contrary to a municipal by-law (in this case, the posted "No Parking in this Lane" signage), may be subject to tagging, towing and impoundment. Signage is not required on any public highway to give effect to this regulation. Notwithstanding, arrangements will be made to have "Vehicles Subject to Towing" tabs added to the existing "No Parking in this Lane" signage as soon as practicable in order to enhance motorists' awareness of the possibility that illegally parked vehicles may be towed.

With respect to the suggestion that stopping be prohibited in Critchley Lane, I would not suggest that this regulation be implemented at this time as this would preclude all loading activities within the laneway (in accordance with the provisions of Chapter 400 of the City of Toronto Municipal Code and the Highway Traffic Act, a vehicle may temporarily stand in a parking prohibited area while actively engaged in loading activities). As there is a shortage of on-street loading space on adjoining streets, the implementation of a stopping prohibition on Critchley Lane would cause considerable problems in terms of facilitating deliveries to the abutting properties. On the other hand, if vehicles are staying illegally for extended periods, the existing "No Parking" regulation, augmented with the above-noted "Tow-Away" advisory signage, should enhance the ability to enforce the regulation and keep the lane passable.

Contact Name and Telephone Number:

Andrew Koropeski, Director, Transportation Services, District 1, 392-7711.)

(City Council also had before it the following report (September 29, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To provide City Council with a summary of social services in the vicinity of 86, 96 and 100 Bloor Street West.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that this report be received for information.

Background:

At its meeting held September 16, 1998, the Toronto Community Council considered the Final Report (September 1, 1998) of Urban Planning and Development Services on an application for Official Plan and Zoning By-law amendments for a new mixed-use development for 86, 96and 100Bloor Street West (Toronto Community Council Report No. 11, Clause No. 87).

At their meeting, Toronto Community Council requested that the Commissioner of Urban Planning and Development Services, in consultation with the Commissioner of Community and Neighbourhood Services, report directly to City Council regarding the social needs of residents of this development, and to comment on the capacity of nearby schools, child care centres and community centres to serve the new residents.

Comments:

(1)Schools:

The application and plans were circulated to the Toronto Board of Education and the Toronto Separate School Board. Neither Board expressed opposition to the proposal.

Staff of the School Boards have advised me that the following schools are the primary facilities serving the proposed development site:

The public elementary school serving the area (at both junior and senior levels) is Jesse Ketchum Public School, which is located at 61 Davenport Road. During the 1997/1998 academic year, there was a total of 569 pupils served (including 98 junior and senior kindergarten students) at Jesse Ketchum Public School. The boundaries for public secondary schools are more flexible, with an expectation that high school students will be travelling to school facilities on public transit. Relevant secondary schools include: Central Technical School (725 Bathurst Street); Jarvis Collegiate Institute (487 Jarvis Street); and Northern Secondary School (851 Mount Pleasant Road).

The Catholic elementary school serving the area is Holy Rosary Separate School at 308Tweedsmuir Avenue, which is in the St. Clair Avenue and Spadina Road area. The catholic secondary school serving the area is the new Marshall McLuhan Separate School located on Avenue Road north of Eglinton Avenue.

Capacities for each of these facilities are being reviewed by the Ministry of Education and Training and are not yet available. Furthermore, both School Boards are in the process of undertaking a comprehensive review of their facilities. The impact on local communities is not known at this time. Planning staff are working with officials of the School Boards on this matter.

(2)Daycare:

The Jesse Ketchum Public School houses a daycare facility with a capacity of 95 children (infant, toddler, pre-school and school age). Currently, enrolment is 81 children. There are 76 children on the waiting list for daycare at Jesse Ketchum Public School. However, the waiting list is comprised of families waiting for a publicly-funded fee subsidy. Full fee paying parents could access vacant spaces. Church of the Messiah Daycare (240 Avenue Road) has 29 toddler and pre-school spaces, and an enrolment of 18. Three children are on the waiting list for a subsidized space. Friends Daycare Centre (60 Lowther Avenue) has a capacity of 24 pre-school children, and a current enrolment of 22. Four children are on the waiting list for a subsidized space.

(3)Community Centres:

The 519 Church Street Community Centre, which is a City community centre, is operated by a volunteer Board of Management. Programs include drop-in programs for parents and children, seniors and the homeless; summer camps for school aged children; and a family resource centre. All of these programs are well-subscribed, however, capacities are flexible given their informal nature. Some of the residents of the proposed development could access these services. As well, the Centre provides extensive programs and services to the gay and lesbian community. The Central YMCA is located at 15 Breadalbane Street. While the Central YMCA requires a membership fee, subsidies for low income participants are available. The facility has extensive recreation and fitness-oriented programs.

(4)Libraries:

Both the Yorkville Public Library and the Metro Toronto Reference Library are within two blocks of the development site.

Conclusions:

In general, residents of the proposed building will have access to a wide range of community services and facilities in the area. However, not unlike other areas in downtown, there continues to be a demand in this area for infant and toddler daycare spaces.

Contact Name:

Michael Mizzi, City Planner, City Planning Division

Telephone: 392-1324

Fax: 392-1330

E-mail: mmizzi@toronto.ca)

(City Council also had before it a communication (September 4, 1998) from Mr. V. Nitti, Harry Rosen Inc., addressed to Councillor Adams, expressing the company's interests and concerns regarding the manner in which the proposed development proceeds; and requesting to be notified of all decisions and meetings with respect to this project.)

The Toronto Community Council also submits the following report (February 16, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To report on the recommended contribution for this project pursuant to Section 37 of the Planning Act.

Source of Funds, Financial Implications and Impact Statement:

With this development, the City achieves public benefits as described in this report and in the draft by-laws.

Recommendations:

It is recommended that:

(1)The City Solicitor be authorized to enter into a Section 37 Agreement to secure an $800,000 cash contribution, made by the owners to the City, as generally described in this report, and to be used for the following services, facilities and matters:

(a)for the construction of a replacement entrance to the Bay Subway station within the Village of Yorkville Park, in the amount of $400,000, to be used on or before the fifth anniversary of the site-specific By-laws coming into full force and effect; and

(b)for other off-site local area improvements, in the amount of $400,000, to include monies for:

(i)Bloor Street streetscape improvements, subject to City Council support for a Bloor Street Transformation Plan, as proposed by the Bloor-Yorkville Business Improvement Area, and to be used on or before the fifth anniversary of the site-specific By-laws coming into full force and effect;

(ii)a Heritage Conservation District Study in the area, subject to consultation with Heritage Toronto; and

(iii)non-profit community, cultural and institutional facilities, services and matters;

(2)The expenditure of the Section 37 contribution for the facilities, services and matters identified in Recommendation 1 above be reported on and require the approval of City Council; and

(3)The appropriate City officials be authorized and directed to undertake the steps necessary to give effect to the foregoing.

Background:

On September 16, 1998, the Toronto Community Council considered my Final Report (September 1, 1998) on an application for Official Plan and Zoning By-law amendments for a new mixed-use development for 86 and 100 Bloor Street West (Toronto Community Council Report No. 11, Clause No. 87). The Toronto Community Council and City Council approved the project in principle.

Recommendation 7 of my Final Report required that, prior to the introduction of the Bills in Council:

(a)the owner enter into a Section 37 Agreement;

(b)the owner provide the City Solicitor with any postponements as required; and

(c)the owner provide to the City a Letter of Credit, satisfactory to the Chief Financial Officer and City Treasurer, to secure the approved Section 37 contribution to the City for the purposes of off-site area or streetscape improvements in the vicinity of the lands and/or improvements to the Village of Yorkville Park.

In the Final Report I noted that, like other large projects involving significant increases in density and height, this application would result in a contribution pursuant to Section 37 of the Planning Act and existing Official Plan policies. At the time of the drafting of the Final Report, the applicant proposed to provide the funds required to redesign and reconstruct the existing Bay Subway station entrance within the Village of Yorkville Park. However, City staff believed that additional local area improvements were required given the increases in density and height being sought.

Comments:

After a number of meetings between the owner and staff of this Department, including consultation with the Ward Councillors' offices, the applicant agreed in writing to provide a range of off-site local area improvements through the provision of an $800,000 cash contribution.

The applicant has made their proposed contribution contingent on the project not being subjected to development charges, should the City enact a Development Charges By-law prior to the project proceeding to construction. In April 1998, City Council directed that the Chief Financial Officer and City Treasurer commence background studies and policy formulation to lead to introduction of a city-wide Development Charges By-law. The report of the Chief Financial Officer and City Treasurer is expected to be available this spring. The timing of the negotiations and discussions respecting 100 Bloor Street West would support that this project not be subject to a Development Charges By-law levy.

Local area improvements recommended to be secured include the following:

New Bay Subway Entrance:

The Village of Yorkville Park was built in the early 1990s. A significant planned feature of the Park was the reconstruction of the existing Bay Subway entrance to better integrate it into the Park. However, budgetary constraints at the time prevented its reconstruction. While present day detailed cost estimates have not been determined, estimates provided by the applicant's architect indicate that the costs to reconstruct the entrance would be approximately $350,000 to $400,000.00. The expenditure of funds to build a new entrance in the Park would, in my opinion, be consistent with the intent of Section 16.21 of the Official Plan. Renewed discussions with the Toronto Transit Commission are required on this matter, and it could take some time to work out the details respecting construction of the entrance. Therefore, I am recommending that the funds allocated to this use be used within five years of the By-laws coming into full force and effect. If the project is not underway or complete within this time frame, this matter should be revisited and reported on at that time.

Bloor Street Streetscape Improvements:

In 1998, the Bloor-Yorkville Business Improvement Area (BIA) presented a plan to the Ward Councillors, Planning staff and representatives of the community to revitalize the Bloor Street streetscape, generally between Avenue Road and Church Street, including a widening of sidewalks. The Bloor-Yorkville BIA has retained consultants and are preparing detailed plans and cost estimates to undertake the project, with the objective of achieving Council support for the proposal. Allocation of a portion of the Section 37 contribution to this cause can be supported, subject to City Council support for the Bloor Street Transformation Plan proposed by the Bloor-Yorkville BIA, because it enhances the public realm, promotes public sector involvement and represents an improvement which cannot otherwise be required by City Council. I am also recommending that the funds allocated to this use be used within five years of the By-laws coming into full force and effect. If the project is not underway or complete within this time frame, this matter should be revisited and reported on at that time.

Heritage Preservation:

Section 16.21 ii) of the Official Plan stipulates that, pursuant to a Section 37 Agreement, increases in density and/or height can be authorized in exchange for heritage preservation of designated properties. Councillor John Adams has suggested that a Heritage Conservation District Study be considered for the Yorkville Triangle and possibly the larger Yorkville area. When the land use study now being undertaken for the Yorkville Triangle pursuant to Interim Control By-law No. 726-1998 is complete, I expect to recommend that Heritage Toronto report to Toronto Community Council on the appropriateness of considering the Yorkville Triangle and possibly an even larger area for designation as a Heritage Conservation District under Part V of the Ontario Heritage Act and on the staffing and funding resources required to undertake the necessary study.

For the Community Council's information, the East Annex Heritage Conservation District Study undertaken in the early 1990s cost approximately $100,000 to complete, exclusive of staff time. Should it be determined that a heritage study, and eventual guidelines, for the Yorkville area are supportable, improved heritage preservation would result based on the identification and protection of heritage properties. In this context, allocating a portion of the Section 37 contribution to a Heritage Conservation District Study in this area would be appropriate.

Other:

Non-profit community, cultural and institutional facilities, services and matters in accordance with the provisions of Section 16.21 of the Official Plan.

Conclusions:

I am recommending that City Council approve the $800,000 cash contribution, to be made by the owners of 86 and 100 Bloor Street West to the City, as an acceptable Section 37 contribution in this case. Further, I am recommending that the secured funds be used for the services, facilities and matters described in Recommendation 1 above. All of the recommended matters are consistent with the general purpose and intent of Section 16.21 of the Official Plan. Recommendation 2, above, will require that any specific expenditure will be reported on for City Council approval.

Contact Name:

Michael Mizzi

Telephone: 416-392-1324

E-mail: mmizzi@toronto.ca

The Toronto Community Council also submits the following report (January 28, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To respond to a request of the Toronto Community Council to report on the facilitation of an archaeologist on site during the excavation phase of this project.

Source of Funds:

Not applicable.

Recommendations:

That this report be received for information.

Background:

On September 16, 1998, the Toronto Community Council considered this Department's Final Report (September 1, 1998) on an application for Official Plan and Zoning By-law amendments for a new mixed-use development for 86, 96 and 100 Bloor Street West (Toronto Community Council Report No. 11, Clause No. 87). The Toronto Community Council and City Council approved the project in principle.

At that meeting, the Toronto Community Council requested that the Commissioner of Urban Planning and Development Services consider and report back on the facilitation of an archaeologist on site during the excavation phase of the project, because the lands were once part of Potter's Field Cemetery and human bones may still be uncovered, as suggested by Ms. Jane Beecroft in her deputation before the Toronto Community Council. Ms. Beecroft is President of the Community History Project, an affiliate of the Ontario Historical Society. Ms. Beecroft also provided her comments on the development proposal in a letter, dated September 11, 1998. I have appended to this report that portion of Ms. Beecroft's correspondence which relates to this issue.

Comments:

Planning staff have consulted with Heritage Toronto on this matter. Heritage Toronto does not believe it will be necessary that an archaeologist be on site at all times during excavation. According to Heritage Toronto, the cemetery was closed nearly 150 years ago and many of the remains were moved. Since that time, several generations of construction have occurred on these lands.

The Ontario Ministry of Commercial and Consumer Relations has issued regulations governing procedures for handling unexpected finds of human remains. Heritage Toronto advises that the applicant should be reminded of their obligation to comply with the regulations and that it would be prudent to have an archaeologist on retainer should the need for those services arise.

Planning staff have advised the applicants' solicitor of their obligations respecting this matter.

Contact Name:

Michael Mizzi

Telephone: 416-392-1324

E-mail: mmizzi@toronto.ca

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Appendix

Excerpt of a letter, dated September 11, 1998, from Jane Beecroft, President, Community History Project, to the meeting of Toronto Community Council held September 16, 1998 (Item 39 (b)):

"... Of even deeper heritage significance is the fact that all three addresses were built on land that was once the Potter's Field Cemetery. The founder of the cemetery was Thomas Carfrae whose day-old daughter was the first burial. Among those who helped to establish the cemetery was William Lyon Mackenzie. Open in 1826, the six-acre cemetery had more than 6000 burials in it by the time it was closed in 1855-6. For the next twenty-five years, relatives were invited to move graves to other locations, and just over 1000 graves were moved. This means that there are, technically, still more than 5000 burials still at Potter's Field! The cemetery lands were subdivided and houses were built along Bloor and along Cumberland Street. During the 1920s, when the houses were being replaced by low-rise commercial blocks, human bones were still being uncovered in the excavations. It is of very great concern to us that an archaeologist be on site at all times during any further disturbance of the area, and that the Medical Officer of Health be advised of any disturbance since many of the burials resulted from epidemics...."

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, which were forwarded to Members of Council under separate cover:

-(undated) from Perry and Rae Dellio, Perry's Colonnade;

-(September 11, 1998) from Miss Jane Beecroft;

-(September 15, 1998) from Mr. David J. Whalen;

-(September 16, 1998) from Mr. Robert Sheridan and Ms. Jane Cuddy, The Greater Yorkville Residents' Association;

-(September 16, 1998) addressed to the President of the Bloor Yorkville Business Improvement Area from Ms. Kim M. Kovar, Aird & Berlis, obo Gentra Inc.;

-(September 16, 1998) from Mr. Robert W. Korthals;

-(January 21, 1999) addressed to Councillors Adams and Bossons from Mr. William Stevenson, ABC Residents' Association;

-(February 10, 1999) addressed to Mr. John Fillipetti, Gentra Inc. from Ms. Nadia Iafrate, Benetton;

-(February 10, 1999) from R.S. Saunderson, Bloor-Yorkville B.I.A.;

-(February 12, 1999) from Ms. Maureen L. Whelton, Teplitksy, Colson obo Nicolas Menswear;

-(February 15, 1999) from Mr. Budd Sugarman;

-(February 11, 1999) from Ms. Jean Cuddy, The Greater Yorkville Residents' Association;

-(February 16, 1999) from B. H. Tavner, MTCC No. 626;

-(February 16, 1999) from Ian Wookey; and

-(February 17, 1999) from Mr. William Phillips.

Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@toronto.ca.

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