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Draft By-laws - Official Plan and Zoning By-law
Amendments and Site Plan Approval -
195 - 253 Merton Street (North Toronto)
The Toronto Community Council recommends that:
(1)the Draft By-laws attached to the report (February5,1999) 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 executed agreement under Section 37 of the Planning Act satisfactory to the City
Solicitor;
(b)a Noise Impact Statement satisfactory to the Commissioner of Works and
Emergency Services; and
(c)an executed undertaking under Section 41 of the Planning Act satisfactory to the
Commissioner of Urban Planning and Development Services; and
(2)the recommendations of the report (September3,1998) of the Commissioner of
Urban Planning and Development Services be adopted.
The Toronto Community Council reports, for the information of Council, that notice of the
public meeting was given in accordance with the Planning Act. The public meeting was held
on February 17, 1999, and Mr. Sal Vitiello, E.I. Richmond Architects Ltd. addressed the
Toronto Community Council.
The Toronto Community Council submits the following report (February 5, 1999) from
the City Solicitor:
Purpose:
This report provides the necessary draft official plan amendment and zoning by-law to permit
three 12-storey apartment buildings proposed as condominium at Nos. 195 and 253 Merton
Street.
Funding Sources, Financial Implications and Impact Statement:
The enactment of the Draft By-laws has no financial implications for the City. It requires no
funding.
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 provisions of the Planning Act;
Following the public meeting and in the event the Toronto Community Council wishes to
approve the Draft By-laws, it could recommend that:
(2)the Draft By-laws attached to the report (February5,1999) 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 executed agreement under Section 37 of the Planning Act satisfactory to the City
Solicitor;
(b)a Noise Impact Statement satisfactory to the Commissioner of Works and Emergency
Services;
(c)an executed undertaking under Section 41 of the Planning Act satisfactory to the
Commissioner of Urban Planning and Development Services; and
(3)the recommendations of the report (September3,1998) of the Commissioner of Urban
Planning and Development Services be adopted.
Council Reference/Background/History:
Toronto Community Council will have before it the final report of the Commissioner of
Urban Planning and Development Services (September3,1998) at its meeting to be held on
February17and18,1999 concerning the above noted subject. Such report recommends, inter
alia, that Draft By-laws be prepared by the City Solicitor to permit three 12-storey apartment
buildings proposed as condominium at Nos. 195 and 253 Merton Street.
Comments and/or Discussion and/or Justification:
This report contains the necessary Draft By-laws, which, if enacted, will give effect to the
planning report.
Contact Name:
William Hawryliw, Solicitor
Telephone: 392-7237
Fax: 392-0024
E-mail: whawryli@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:
CITY OF TORONTO
BY-LAW No. -1999
To adopt an amendment to the Official Plan for the former City of Toronto
respecting lands known as Nos. 195 and 253 Merton Street.
The Council of the City of Toronto HEREBY ENACTS as follows:
1.The text and map annexed hereto as Schedule "A" are hereby adopted as an amendment to
the Official Plan for the former City of Toronto.
2.This is Official Plan Amendment No. .
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SCHEDULE "A"
1.Section 18 of the Official Plan for the former City of Toronto is hereby amended by
adding as Section 18.___ the following text and map:
"18.___Lands known as Nos. 195 and 253 Merton Street
Notwithstanding the provisions of the Official Plan for the City of Toronto, Council may pass
by-laws respecting the lot shown delineated by heavy lines on Map 18.___ attached hereto to
permit the erection and use of three apartment buildings provided:
(1)the total residential gross floor area of all buildings does not exceed 32103 square
metres;
(2)each building contains not more than 125 dwelling units;
(3)the owners of the lot are required by by-law to:
(a)pay to the City of Toronto $473,000.00, being the park contribution prior to the issuance
of the first building permit;
(b)provide details of the park improvements in accordance with the requirements of the
Commissioner of Economic Development, Culture & Tourism;
(c)ensure that the City has permanent access over a 4.7 metre wide right-of-way next to the
easterly lot line to allow a public walkway connection between Merton Street and the Beltline
park;
(d)repair, replace and maintain the retaining wall within the right-of-way;
(e)provide a letter of credit satisfactory to the City, prior to the issuance of the first building
permit, to cover the costs of implementing the Environmental Remediation Plan and Program
and Basic Park Construction;
(f)pay for improvements to the public sidewalk and boulevard including paving materials
and tree planting;
(g)provide space within the development for the construction of transformer vaults, Hydro,
Bell and sewer maintenance holes required in connection with the development;
(h)provide, maintain and operate the development in accordance with the Noise Impact
Statement approved by the Commissioner of Works and Emergency Services;
(i)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;
(j)conduct a detailed historical review of the lot to identify all existing and past, on-site and
surrounding land uses which could result in negative environmental effects to the subject site,
such report to be submitted for approval of the Medical Officer of Health prior to the issuance
of a building permit;
(k)conduct a site and building audit for the identification of all hazardous materials on the
lot, such report to be submitted for approval of the Medical Officer of Health. The removal of
all these materials to be conducted in accordance with Ministry of Labour and the Ministry of
Environment and Energy guidelines;
(l)conduct a soil and groundwater testing program and produce a Soil and Groundwater
Management Plan which characterizes soil conditions and proposes remediation options
which are satisfactory to the Medical Officer of Health;
(m)implement, under the supervision of an on-site qualified 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, and certifying that the remediation has been completed in
accordance with the Soil and Groundwater Management Plan;
(n)prepare a Demolition and Excavation Dust Control Plan satisfactory to the Medical
Officer of Health; and
(o)implement the measures in the Demolition and Excavation Dust Control Plan approved
by the Medical Officer of Health; and
(p)take measures to protect significant trees on the lot; and
(q)identify and secure in as much detail as possible, obligations relating to the establishment
of a park on the Beltline, including conveyance to the City, indemnification, insurance, legal
descriptions and plans of survey, interim maintenance of Beltline Park lands, park
improvements, letters of credit, public consultation, park utilities and services, design and
construction drawings, changes, grading and fill, inspection, certifications, default, warranties,
remedial work, preparation and implementation of a tree plan, access and lighting of
pathways, construction and maintenance of a park on Area B, park design, park design
changes, fill and topsoil quality and depth, above ground structures, drainage, the restoration
of Area B, rough grading, ground and storm water management, the phasing of park
improvements, maintenance of abutting Building walls, finished elevations, lighting of the
park, condition of abutting lands and structures, and linkage of the park to Mount Pleasant
Road; and
(4)the owners enter into one or more agreements satisfactory to the City of Toronto,
pursuant to Section37 of the Planning Act, to secure the facilities, services and matters
required to be provided by subsection(3) and such agreement or agreements have been
appropriately registered against the title to the lot."
(Map to be inserted)
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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 the General Zoning By-law No. 438-86 of the former City of Toronto with respect
to lands known as Nos. 195 and 253 Merton Street.
WHEREAS pursuant to Section 37 of the Planning Act, the Council of a municipality may, in
a by-law passed under Section 34 of the Planning Act, authorize increases in the height or
density of development beyond that otherwise permitted by the by-law that will be permitted
in return for the provision of such facilities, services and 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 the height or density
of development, a municipality may require the owner to enter into one or more agreements
with the municipality dealing with the facilities, services and matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the
facilities, services and matters as are hereinafter set forth;
AND WHEREAS the increase in the density of development permitted hereunder, beyond that
otherwise permitted on the aforesaid lands by By-law No. 438-86, as amended, is to be
permitted in return for the provision of the facilities, services and matters set out in this
by-law and to be secured by one or more agreements between the owner of such lands and the
City of Toronto;
AND WHEREAS the Council of the City of Toronto 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 increase in height and density in connection with the aforesaid lands as
permitted;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.None of the provisions of Section 2 respecting the definition of the word "lot" and of
Sections 4(2)(a), 4(4)(b), 4(16) or Section 8(3) PARTI3.(a) of By-law No. 438-86 of the
former City of Toronto, being "A By-law To regulate the use of land and the erection, use,
bulk, height, spacing of and other matters 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 of any of
up to three apartment building on the lot, provided:
(1)the lot comprises the lands shown outlined by heavy lines on the attached Plan 1;
(2)no portion of any building is erected and used on the lot above grade otherwise than
wholly within the areas delineated by heavy lines as shown on the attached Plan 2;
(3)at least 107 parking spaces for the exclusive use of residents, and at least 15 parking
spaces for visitors to the residents, for each building, are provided and maintained in an
underground garage on the lot;
(4)no portion of any building is erected or used on the lot within Area B;
(5)each building contains not more than 125 dwelling units;
(6)the combined residential gross floor area of all buildings does not exceed 32103 square
metres; and
(7)no building, exclusive of rooftop elements and facilities permitted in Section 4(2)(a) of
By-law No. 438-86, is erected or used on the lot above the height in metres specified by the
numbers following the symbol H within the areas delineated by heavy lines on the attached
Plan 2;
2.The density of development and height of development permitted by Section 1 is
permitted subject to compliance with the conditions set out therein and in return for the
provision by the owner of the lot of the following facilities, services or matters to the City of
Toronto, being that the owner:
(1)pay to the City of Toronto $473,000.00, being the park contribution prior to the issuance
of the first building permit;
(2)provide details of the park improvements in accordance with the requirements of the
Commissioner of Economic Development, Culture & Tourism;
(3)ensure that the City has permanent access over a 4.7 metre wide right-of-way next to the
easterly lot line to allow a public walkway connection between Merton Street and the Beltline
park;
(4)repair, replace and maintain the retaining wall within the right-of-way;
(5)provide a letter of credit satisfactory to the City, prior to the issuance of the first building
permit, to cover the costs of implementing the Environmental Remediation Plan and Program
and Basic Park Construction;
(6)pay for improvements to the public sidewalk and boulevard including paving materials
and tree planting;
(7)provide space within the development for the construction of transformer vaults, Hydro,
Bell and sewer maintenance holes required in connection with the development;
(8)provide, maintain and operate the development in accordance with the Noise Impact
Statement approved by the Commissioner of Works and Emergency Services;
(9)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;
(10)conduct a detailed historical review of the lot to identify all existing and past, on-site
and surrounding land uses which could result in negative environmental effects to the subject
site, such report to be submitted for approval of the Medical Officer of Health prior to the
issuance of a building permit;
(11)conduct a site and building audit for the identification of all hazardous materials on the
lot, such report to be submitted for approval of the Medical Officer of Health. The removal of
all these materials to be conducted in accordance with Ministry of Labour and the Ministry of
Environment and Energy guidelines;
(12)conduct a soil and groundwater testing program and produce a Soil and Groundwater
Management Plan which characterizes soil conditions and proposes remediation options
which are satisfactory to the Medical Officer of Health;
(13)implement, under the supervision of an on-site qualified 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, and certifying that the remediation has been completed in
accordance with the Soil and Groundwater Management Plan;
(14)prepare a Demolition and Excavation Dust Control Plan satisfactory to the Medical
Officer of Health; and
(15)implement the measures in the Demolition and Excavation Dust Control Plan approved
by the Medical Officer of Health; and
(16)take measures to protect significant trees on the lot; and
(17)identify and secure in as much detail as possible, obligations relating to the
establishment of a park on the Beltline, including conveyance to the City, indemnification,
insurance, legal descriptions and plans of survey, interim maintenance of Beltline Park lands,
park improvements, letters of credit, public consultation, park utilities and services, design
and construction drawings, changes, grading and fill, inspection, certifications, default,
warranties, remedial work, preparation and implementation of a tree plan, access and lighting
of pathways, construction and maintenance of a park on Area B, park design, park design
changes, fill and topsoil quality and depth, above ground structures, drainage, the restoration
of Area B, rough grading, ground and storm water management, the phasing of park
improvements, maintenance of abutting Building walls, finished elevations, lighting of the
park, condition of abutting lands and structures, and linkage of the park to Mount Pleasant
Road; and
(18)enter into one or more agreements satisfactory to the City of Toronto, pursuant to
Section37 of the Planning Act, to secure the facilities, services and matters required to be
provided by subsections2(1) - 2(17) inclusive with such agreement or agreements
appropriately registered against the title to the lot.
3.For the purposes of this by-law,
(1)the lot upon which the buildings are erected and used shall continue to comprise the lands
shown outlined by heavy lines on the attached Plan 1 notwithstanding a conveyance of part of
Area B to the Corporation for public parks purposes; and
(2)each word or expression which is italicized shall have the same meaning as such word or
expression as defined in By-law No.438-86, as amended.
The Toronto Community Council also submits the following report (September 3, 1998) from
the Commissioner of Urban Planning and Development Services:
Purpose:
To recommend approval of this application to permit three 12-storey residential condominium
buildings on this 14,417 square metre parcel, 6,193 square metres of which form part of the
Beltline and are to be acquired by the City as part of the Beltline linear park.
Source of Funds:
Not applicable
Recommendations:
(1)That the City Solicitor be requested to submit a draft by-law to give effect to amendments
to the former City of Toronto Official Plan substantially as set out below:
add to Section 18 a new subsection as set out below:
"Lands known as 195 to 253 Merton Street - Parcel 3
See Map 18.-- at the end of this Section.
(a)Notwithstanding any of the provisions of this Plan, City Council may pass by-laws
applicable to the lands indicated on Map 18.-- to permit the erection and use of three buildings
containing residential uses provided:
(i)the total residential gross floor area does not exceed 32, 103 square metres;
(ii)the total number of dwelling units does not exceed 375; and
(iii)none of the three buildings contains more than 125 dwelling units;"
(2)That the City Solicitor be requested to submit a draft by-law, in consultation with the
Commissioner of Urban Planning and Development Services, to amend the former City of
Toronto Zoning By-law 438-86, as amended, as it affects the lands known municipally as 195
to 253 Merton Street, shown on Map 1 attached to this report, so as to:
(a)permit the construction and use of three residential buildings on the site provided that:
(i)none of the three residential buildings contains more than 125 dwelling units;
(ii)the total residential gross floor area of all three residential buildings does not exceed
32,103 square metres;
(iii) no part of any of the three residential buildings above grade extends beyond the
building envelopes shown on the roof plan on Map 4;
(iv)a minimum of 112 parking spaces plus a minimum of 15 visitor parking spaces will be
provided for each of the three residential buildings;
(vi)none of the three residential buildings exceeds 39.3 metres in height, excluding any
mechanical penthouses; and
(vii)a minimum of 75 bicycle parking spaces will be provided for the occupants of all of the
buildings and 19 bicycle parking spaces for visitors for all of the buildings;
(b)exempt the site from the provisions of Zoning By-law 438-86 , as amended, identified by
the Chief Building Official in the letter dated July 3, 1998, and forming part of Appendix C to
this report;
(3)That prior to the introduction of Bills in Council, the owner shall have entered into an
agreement authorized under the provision of Section 37 of the Planning Act. The Section 37
Agreement should contain provisions which
(a)acknowledge the increase in height and density which permit Council to require the
Section 37 Agreement;
(b)require the owner to provide on the day before issuance of the first building permit for
the proposed development a Park Contribution of $ 473,000.00- (value as of June 1998, the
agreement will provide for escalation to the current dollars depending on timing of
construction), such Park Contribution shall be used for the purposes of permanent
improvements to the Beltline Park, as well as parkland acquisitions and improvements within
the boundaries of Ward 22, in accordance with the recommendation of the Director of
Development and Support, Toronto Area Parks and Recreation;
(c)require that the details of the Park Contribution shall be in accordance with the
requirements of the Director of Development and Support, Toronto Area Parks and
Recreation, and shall be set out in the Section 37 Agreement in accordance with existing
arrangements for former CN properties on the south side of Merton Street;
(d)require the owner to ensure that the City has permanent access over the right-of-way as
described in Section 9.3 of this report, and such right-of-way be in accordance with the terms
and conditions of a typical right-of-way for public access. The owner will be responsible for
all costs and work associated with maintaining the retaining wall located within the
right-of-way, including repair, replacement and maintenance of the wall. Further, any work on
the development site which necessitates closure of the right-of-way shall occur between
October and April and all efforts shall be made to minimise the length of the closure. The
right-of-way shall be returned to its original condition on completion of any work; and
(e)require the owner to provide on the day before issuance of the first building permit for the
proposed development a Letter of Credit in a form satisfactory to the City Treasurer in an
amount sufficient to cover the costs of implementing the Environmental Remediation Plan
and Program in accordance with the Report on the Environmental Site Assessment for Lots
Nos. 154 and 160 Merton Street, prepared by Candec Consultants Limited, dated June 18,
1997 as augmented by the letters from Candec Consultants Limited, Reference No. 97/0188,
dated May 29, 1998 and June 24, and undertaking the Basic Park Construction as shown on
Landscape Plan L-1 through L-3, prepared by Alexander Budrevics and Associates Limited,
dated March 21, 1997, dated-stamped received by Urban Planning and Development Services
on June 19, 1998;
(4)Subject to execution of the Section 37 Agreement, and in view of agreements made
therein securing the provision of a Parkland Contribution referred to in recommendation 3(b)
above, that City Council authorize an amendment to Chapter 165, Article 1, Conveyance of
Land for Parks Purposes, of the former City of Toronto Municipal Code, to exempt therefrom
the development of lands to the extent permitted by the By-law Amendment;
(5)That the owner be requested to apply for revised municipal numbering to the
Commissioner of Works and Emergency Services prior to filing a formal application for
building permit;
(6)That the owner be advised:
(a)that the storm water run-off originating from the site should be disposed of through
infiltration into the ground and that storm connections to the sewer system will only be
permitted subject to the review and approval by the Commissioner of Works and Emergency
Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is
contaminated or that processes associated with the development on the site may contaminate
the storm run-off;
(b)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;
(c)of the City's requirement for payment of a service charge associated with the provision of
City containerized garbage collection; and
(d)of the need to revise his application at least three weeks prior to introduction of Bills in
Council, so as to comply with the minimum bicycle parking requirement of the former City of
Toronto Zoning By-law 438-86, as amended.
(7)That the owner be required to submit to the Commissioner of Works and Emergency
Services dimensioned plans of the development for the purpose of preparing site specific
exemption by-laws and such plans should be submitted at least three weeks prior to the
introduction of Bills in Council;
(8)That as a condition of City Council approval, the owner enter into an Undertaking under
Section 41 of the Planning Act requiring that:
(a)Develop and maintain substantially in accordance with plans:
(i)the proposed development (including all landscaping related thereto) shall be undertaken
and maintained substantially in accordance with the plans and drawings submitted with this
application, namely Plans No. A1 to A5, date stamped received on April 20, 1998, prepared
by E.I. Richmond Architects, and Landscape Plans L-1, L-2 L-3, and L-5 dated March 21,
1997, date-stamped received on June 19, 1998, and Landscape Plan L-4, date stamped
received on April 20, 1998, prepared by Alexander Budrevics and Associates Limited, all as
on file with the Commissioner of Urban Planning and Development Services;
(b)Garbage:
(i)that the owner be required to provide and maintain in each of Buildings A, B and C a
garbage room at least 25 square metres in size and a recycling room at least 10 square metres
in size and install and maintain a stationary compactor unit, to City specifications, in each
garbage room;
(c)Loading:
That the owner be required to
(i)provide and maintain 1 Type G loading space on the site to serve each of Buildings A, B
and C, with a generally level surface and access designed so that trucks can enter and exit the
site in a forward motion;
(ii)provide and maintain a concrete base pad with a slope not exceeding 2 percent adjacent
to the front of each Type G loading space for the storage of at least four compactor containers
on collection day;
(iii)construct a 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;
(iv)construct all driveways and passageways providing access to and egress from the Type G
loading space with a minimum width of 3.5 metres (4 metres where enclosed), a minimum
vertical clearance of 4.3 metres and minimum inside and outside turning radii of 9 metres and
16 metres; and
(v)provide and maintain level service connections between garbage and recycling rooms and
the Type G loading space for the transporting of container bins;
(d)Parking:
That the owner be required to:
(i)provide and maintain a minimum of 122 parking spaces on the site to serve each of
Buildings A, B and C, including at least 107 parking spaces for the exclusive use of the
residents of each building and at least 15 spaces for the residential visitors to each building,
for a total minimum of 366 spaces; and
(ii)construct the access ramps to the underground garage with a slope not exceeding five
percent within six metres of their intersection with the driveways from Merton Street and not
exceeding 15 percent along the remaining portions;
(e)Transformer Vaults:
(i)that the owner be required to 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;
(f)Studies required by Civic Officials:
(i)that the owner be required to submit to and have approved by the Commissioner of Works
and Emergency Services, prior to the introduction of Bills in Council, a Noise Impact
Statement in accordance with City Council's requirements;
(ii)that the owner be required to 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;
(iii)that the owner be required to provide, maintain and operate the noise impact measures,
facilities and strategies stipulated in the plan approved by the Commissioner of Works and
Emergency Services; and
(iv)that the owner be required to submit, prior to the issuance of a building permit, a grading
and drainage plan for the review and approval of the Commissioner of Works and Emergency
Services;
(g)Other Conditions for Approval:
(i)that the owner be required prior to the release of or clearance from any agreements
registered against the subject property:
(1)to implement the Environmental Remediation Plan and program in accordance with the
Report on the Environmental Site Assessment for Lots Nos. 154 and 160 Merton Street
prepared by Candec Consultants limited, dated June 18, 1997, as augmented by the letters
from Candec Consultants Limited, Reference No. 97/0188, dated May 29, 1998, and June 24
and Landscape Plan L-1 through L-3, prepared by Alexander Budrevics and Associates
Limited dated March 21, 1997, date stamped received by Urban Planning and Development
Services on June 19, 1998;
(2)to implement the Tree Management and Protection Plan and Measures, set out on
Landscape Plans L-1 through L-3, prepared by Alexander Budrevics and Associate Limited,
dated March 21, 1997, date stamped received by Urban Planning and Development Services
on June 19, 1998; and
(3)to implement the Soil and Groundwater Plan set out on Landscape Plans L-1 through L-3
prepared by Alexander Budrevics and Associates Limited, dated March 21, 1997, date
stamped received by Urban Planning and Development Services on June 19, 1998; and
(ii)that the owner be required prior to entering onto the Beltline Park, to obtain an
Occupation Permit from the Commissioner of Community and Economic Development
Services.
Background:
1.Application:
Application received April 9, 1997, from E.I. Richmond Architects on behalf of the owner,
Orchid Hills Construction Ltd., 80 Tiverton Court No. 300, Markham, Ontario, L3R 0G4.
2.Public Meeting:
On July 17, 1997, a Public Meeting was held , notes of which are attached to this report as
Appendix A. The meeting was attended by 16 area residents whose concerns focussed on
building height, density and site design, as well as the proposal's impact on traffic.
3.Revised Application:
In response to concerns raised at the public meeting and by civic officials, the applicant has
revised his proposal as follows:
(a)The proposed density has been reduced from 4.14 x to 3.9x the developed area of the lot
(ie. the "development parcel" which excludes the area of the lot to be conveyed to the City to
complete the Beltline Park);
(b)In keeping with the discussions contained in the preliminary report (May 22, 1997), the
density bonus assumed for the belt line portion of the site has been reduced from the originally
proposed 1.54x to 1.2x;
(c)The number of proposed dwelling units has been reduced from the a total of 399 to 375
units;
(d)The number of parking spaces has been reduced from 432 to 381;
(e)The building and site design have been changed as follows to comply with the Merton
Street Urban Design and Development Guidelines, adopted by City Council on October 28/29,
1996 (see Appendix B):
(i)the building has been set back above the fifth floor;
(ii)setbacks from the side lot lines have been increased to 7.5 metres;
(iii)a two metre front yard setback and a 3 metre rear yard setback has been achieved; in
addition, the setback from the Merton Street property line has been increased to three metres
above the fifth floor of all three apartment buildings;
(iv)the facade has been changed to include expression lines;
(v)taller building elements have been redesigned to maximize high level views from the
north;
(vi)the number of curb cuts to permit access to the buildings has been reduced from 11 to
two; and
(f)Landscape plans have been revised and submitted to the satisfaction of the Director of
Development and Support, Toronto Area Parks and Recreation.
4.Site and Surrounding Area:
The site fronts on the south side of Merton Street, between Yonge Street and Mount Pleasant
Road. The parcel consists of 14,417.05 m2 in total, of which the 6,193 m2 rear portion forms
part of the Beltline and is to be conveyed to the City as part of the Beltline linear park. The
remainder of 8,223.43 m2 has frontage on Merton Street and is to accommodate the proposed
development.
Merton Street between Yonge Street and Mount Pleasant Road is in the process of
transformation from an industrial and office commercial street to one predominantly
residential in character.
Mount Pleasant Cemetery abuts the site to the south. For the property immediately to the west,
a site plan approval application for 17 townhouses has recently been approved. Immediately
adjacent to the east are two commercial properties followed by the City's public works yard
and the Dominiom Coal lands. To the north are a number of low and medium rise commercial
structures and an approved 8-storey (21 m) residential development at 260 Merton Street
(formerly known as 254 Merton Street).
5.Planning Controls:
5.1Official Plan:
The 8,223.43 m2 development portion of the site along Merton Street is designated by the
former City of Toronto Official Plan as "Low Density Mixed Commercial Residential Area"
where commercial and residential uses up to three times the lot area are permitted. This part of
Merton Street is also subject of Section 18.367 of the former City of Toronto Official Plan
which requires that any development be in accordance with Development Guidelines adopted
by City Council on October 28/29, 1996 and attached hereto as Appendix B.
The Beltline portion of the site is designated "Open Space" where no residential uses are
permitted.
5.2Zoning By-law:
The development portion of the site is zoned CR T3.0 C2.0 R2.0 which permits a mix of
commercial and residential uses at a density of up to 3.0 times, provided neither the
commercial nor the residential use exceeds 2.0 times the lot area. The height limit is 21.0
metres. An amendment to this Zoning is in process, as discussed in Section 5.5 below.
The Beltline portion of the site is zoned G for park purposes.
5.3Site Plan Control:
This application is subject to site plan control. The applicant has applied for Site Plan
Approval.
5.4Beltline Agreement:
The Beltline Agreement between the City and the owner of the Beltline, originally the
Canadian National Railway, identifies the portion of the subject parcel with frontage onto
Merton Street as "Merton Street Development Property Three" and the portion to its rear as
"Merton Street Beltline Lands Three". In return for conveying the Beltline Lands Three to the
City, thereby facilitating the completion of the Beltline linear park, the Agreement permits the
owner to "include the Merton Street Beltline Lands Three in the calculation of lot area in
development applications respecting Merton Street Development Property Three". Owners
whose properties do not include part of the Beltline, may not use the adjacent Beltline in
calculating the density permitted on their lot.
The Agreement also stipulates that the owner undertake certain improvements to the Beltline
before it is assumed by the City for park purposes.
5.5Merton Street Study and Development Guidelines:
Following extensive public consultation and detailed examination of potential impacts of
future redevelopment of this part of Merton Street, Council of the former City of Toronto, at
its meeting on October 28/29, 1996, adopted the recommendations of the final report (dated
August 23, 1996) to amend the Official Plan to permit residential as well as commercial
development at a maximum density of 3.0 times , provided such development is consistent
with a comprehensive set of Urban Design and Development Guidelines which were adopted
by Council of the former City of Toronto at the same time (see Appendix B).
With respect to the Zoning By-law, Council of the former City of Toronto endorsed my
recommendations to change the current CR T 3.0 C2.0 R2.0 to CR 2.0 C2.0 R2.0 while
maintaining the current height limit of 21 metres for both sides of the street. This will, in
effect, limit single-use as well as mixed use development to an as-of-right density of two
times. By-law 1997-0551 implementing Council's decision in this regard was passed by
Council of the former City of Toronto on October 6 and 7, 1997, but was subsequently
appealed to the OMB by the applicant. To date, no hearing date has been set.
6.Recent Planning Approvals and Applications on the South Side of Merton Street:
In recent years, site specific by-laws were passed by City Council to permit the development
of a 15 storey apartment building on 35 Merton Street and two 12 storey apartment building
on 117-147 Merton Street. A site plan approval application was approved in 1997 for 151
Merton Street permitting 17 townhouses on the land immediately adjoining the subject site to
the west.
Comments:
7.Reasons for this Application:
The application requires amendments to both the Official Plan and Zoning By-law because:
(a)the proposed residential density of 3.9 x on the development portion of the site is not
permitted in the Official Plan and exceeds the two times residential density permitted in the
Zoning By-law; and
(b) the proposed height of 12 storeys or 39.3 metres (excluding the proposed five metres
high mechanical penthouse) exceeds the 21 metre height limit of the Zoning By-law.
8.Comments from Public Officials:
The application has been circulated among public officials whose comments are attached to
this report as Appendix C. No negative comments or concerns have been received.
As pointed out in the letter from the City's Building Section (dated July 3, 1998), the current
plans do not show sufficient bicycle parking to comply with existing Zoning By-law
requirements. The applicant should be requested to revise his plans to comply with existing
bicycle parking standards. Such revised plans should be received by the City at least three
weeks prior to the introduction of Bills in Council permitting this application.
9.Reasons for Approving the Revised Application:
The application has been revised substantially to meet the intent of the Official Plan as well as
comply with the Urban Design and Development Guidelines which were adopted by Council
as a framework for future development on Merton Street between Yonge Street and Mount
Pleasant Road. Accordingly, I am in a position to support this proposal.
9.1Density:
The site has a split Official Plan and Zoning designation, ie. a low density mixed
commercial-residential designation for the northerly portion with frontage onto Merton Street
with a permitted maximum density of up to 3x the lot area, and a greenbelt designation for the
southerly portion which forms part of the Beltline and has no density permission. As
mentioned previously, the Beltline Agreement does allow for an unspecified density bonus if,
as is anticipated in connection with this application, the Beltline is conveyed to the City for
linear park purposes.
In approving a similar application for development west of the site, namely the former CN
lands Parcel Two (117-147 Merton Street), a residential density bonus of 1.2 x the area of the
Beltline was accepted by the former City of Toronto. The applicant has revised his application
accordingly, in that the current proposal is for 3 x density on the development portion of this
site plus a density bonus of 1.2x the Beltline portion of these lands. This results in a net
density of 3.9x the development portion of the lot.
The applicant's revised density scenario can be supported as it is consistent with densities
recently approved elsewhere along the south side of Merton Street west of Mount Pleasant
Road.
9.2Built Form and Site Design:
As detailed in the Background Section three of this report, the application has been revised
substantially with respect to building setbacks, building height, terracing, facade treatment and
number of vehicular access points. As a result, the proposal is within the development
parameters adopted by City Council in 1996 for development on the south side of Merton
Street.
9.3Integrity of the Beltline Lands:
A three metre setback has been provided between the south side of the proposed apartment
buildings and the northerly boundary of the Beltline linear park. The proposed landscape plan
provides for generous planting within this space to enhance the recreational amenity of the
abutting public park area.
As well, a total separation distance of 15 metres will be provided between apartment buildings
to facilitate visual access to the Beltline from Merton Street.
In keeping with the Beltline Agreement executed in 1990 between the City and CNRail, a 4.7
metre wide right-of-way next to the easterly lot line is to allow for a public walkway
connection between Merton Street and the Beltline park .
The Beltline portion of the site is to remain free and clear of any above or below grade
development, is to be landscaped at the applicants' expense to the satisfaction of the
Commissioner of Economic Development, Culture and Tourism, and to be conveyed to the
City in accordance with the Beltline Agreement.
It will be necessary for the owner to enter onto the Beltline Park in order to construct this
project and to remove existing vegetation, including trees. The Commissioner of Economic
Development, Culture and Tourism has indicated that these tree removals are acceptable since
the owner will be planting replacement trees and plant material as part of the park
improvement program which will constitute an improvement over the existing trees and
vegetation.
Conclusions:
The original application has been revised to satisfy the planning concerns identified in the
Preliminary Planning report and to meet the built form and development parameters of the
Merton Street Urban Design and Development Guidelines adopted by the former City of
Toronto Council in 1996. Development of this site will result in conveyance of a significant
portion of the former Beltline to the City and contribute to the completion of the Merton
Street portion of the Beltline linear park. Accordingly, I am recommending approval of this
application subject to the conditions outlined in the Recommendations Section of this report.
Contact Name:
Feodora Steppat
City Planning Division, North Section
Telephone: 392-7740
Fax: 392-1330
E-Mail: fsteppat@toronto.ca
--------
Application Data Sheet
| Site Plan Approval: |
Y |
|
Application Number: |
197011 |
| Rezoning: |
Y |
|
Application Date: |
April 9, 1997 |
| O. P. A.: |
Y |
|
Date of Revision: |
February 17, 1998 |
Confirmed Municipal Address:195, 253 Merton Street (Parcel C).
| Nearest Intersection: |
South side of Merton St., between Yonge St. and Mount Pleasant Rd. |
|
|
| Project Description: |
Build 3 apartment buildings. |
| Applicant:
E. I. Richmond, Architect.
21 Bedford Road
961-1567 |
Agent:
E. I. Richmond, Architect.
21 Bedford Road
961-1567 |
Architect:
E. I. Richmond, Architect.
21 Bedford Road
961-1567 |
Planning Controls (For verification refer to Chief Building Official):
| Official Plan
Designation: |
LDMCRA + Open
Space |
Site Specific
Provision: |
No |
| Zoning District: |
CR T3.0 C2.0 R2.0 |
Historical Status: |
No |
| Height Limit (m): |
21.0 |
Site Plan Control: |
Yes |
Project Information:
| Site Area: |
14417.1
m2 |
|
Height: |
Storeys: |
12 + Mech. Penthouse + 4
basements |
| Frontage: |
|
|
|
Metres: |
39.30 |
| Depth: |
|
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
|
|
| Ground Floor: |
|
|
Parking
Spaces: |
381 |
|
|
|
| Residential
GFA: |
32102.6
m2 |
|
Loading
Docks: |
|
|
3 |
G |
|
|
| Non-Residential GFA: |
|
|
(number,
type) |
|
|
|
|
|
|
| Total GFA: |
32102.6
m2 |
|
|
|
|
|
|
|
|
| Dwelling Units |
|
Floor Area Breakdown |
| Tenure: |
Condo |
|
|
|
Land Use |
Above
Grade |
Below
Grade |
| 1 Bedroom: |
192 |
|
|
|
Residential |
32102.6 m2 |
|
| 2 Bedroom: |
159 |
|
|
|
|
|
|
| 3 Bedroom: |
24 |
|
|
|
|
|
|
| Total Units: |
375 |
|
|
|
|
|
|
| Proposed Density: |
|
|
| Residential Density: 2.23 |
Non-Residential Density: |
Total Density: 2.23 |
| Status: |
Preliminary Report dated May 22, 1997 requesting applicant to revise application -
adopted by LUC on June 5, 1997. Application revised. |
| Data
valid:
|
February 17, 1998 |
Section: |
CP North |
Phone: |
392-7333 |
--------
Appendix A
Notes of Public Meeting
195 Merton Street
July 17, 1997
Davisville Public School
Present:
Sid Tennenbaum, Chair, Planning Advisory Committee
JoAnne.Simonetta, member, Planning Advisory Committee
Feodora Steppat, Urban Development Services (Planning)
Bob Duguid, Community Services (Parks and Recreation)
The meeting commenced at 7:35 p.m with 16 members of the public in attendance.
The Chair explained the role of the PAC in the planning process and the purpose of the
meeting as an opportunity for area residents to make known their concerns about this
application.
Feodora Steppat, the area planner, outlined the most important aspects of this application and
the reasons why amendments to the Official Plan and Zoning By-law were needed if the
application was to proceed.
The architect for the project, Sal Vitiello, explained the building and site design details of the
proposal.
Area residents' concerns focussed on building height, density and site design, and the
proposal's impact on traffic and social services.
Concerns were raised about the proposed 12 storey height as this exceeds not only the Zoning
Height limit of 21 metres but also the 7 storey height limit for the south side of Merton Street
set out in the Urban Design Guidelines approved in 1996 .The proposed height was seen as
incompatible with the town houses approved on the parcel adjoining to the west, and expected
to have a negative impact on the street scape and on the abutting Beltline park. A resident of
the apartments on Davisville Avenue noted that the new towers would likely block current
spectacular views to the south.
The density also was seen as too high as it results in buildings of the height such as those
proposed. Also of concern was the number of residents added to this area and the increases in
demand on the social services and the road network.
With respect to the need for traffic studies, the recent efforts toward traffic calming in the
South Eglinton Area were noted, and it was pointed out that a transportation impact study will
likely be required of the applicant. The potential for a traffic light at Pailton Crescent was
raised by a member of the audience.
Several clarification questions were put to the applicant's architect with respect to the
circulation pattern on site including servicing and loading as well as the location of the
common below grade garage in relation to the Beltline corridor above. It was explained that
the Beltline corridor will have to be conveyed to the City and that nothing can be built below
it.
A question was raised with respect to the Beltline Agreement and how it affects the proposal.
It was explained that the Agreement grants a bonus density in return for the Beltline being
turned over to the City for park purposes.
The meeting adjourned at 9:30 p.m.
--------
Appendix B
Urban Design and Development Guidelines
For Merton Street
Between Yonge Street and Mount Pleasant Road
(Adopted by City Council on October 28/29, 1996)
North Side:
(1) The north side of Merton Street should be developed as a generally continuous and
articulated, street related building wall of 5-storeys, fronting a well landscaped streetscape,
with the highest portion of the building not exceeding 7 storeys;
(2)Street related building walls should be set back up to 4 metres from the property line in
order to create a well landscaped streetscape. Portions of buildings may be built to the
property line to reduce the impact of the development on properties to the north;
(3)A street-related expression line of 2 storeys should be incorporated into the design of the
facade;
(4)In vertically stacked, mixed commercial-residential development, a setback should occur
at the height of the change in use to mark the change;
(5)Only under exceptional circumstances and where the reconfiguration of a building,
without exceeding the permitted density, could better achieve these development guidelines,
Council may consider applications to permit taller building elements;
(6)Taller building elements (above the 5-storey height) should be set back from the
street-related building; and should be massed toward the street line; and should be designed
and oriented to maximize southward views from existing heigh rise development to the north.
Building heights should be stepped down towards the north in order to reduce the shadowing
effect over the properties to the north;
(7)East and west sides of buildings should be articulated, and not consist of blank walls;
(8)Building entries should be street and grade related, and where appropriate, building
frontages should include street-related uses at grade; and
(9)Servicing should occur from the side or the rear of buildings. If several adjacent parcels
are to be developed at once, the possibility of shared service access from the street should be
explored.
South Side:
(1)The south side of Merton Street should be developed as a series of individual buildings
set within a continuous landscaped open space that visually and spatially connects the street to
the Beltline park and cemetery to the south;
(2)Larger building parcels should contain several buildings along the street frontage, with
significant at-grade open spaces between buildings permitting views to the south;
(3)East/west buildings should not exceed 5-storeys in height in order to maximize sunlight
on the northern side of the street;
(4)Street-related buildings should have a side yard setback of approximately 7.5 metres on
each side to permit views to the south and sunlight penetration to the street;
(5)Street-related building walls should be generally set back approximately 3-4 metres from
the property line in order to create a well landscaped streetscape;
(6)As a general principle, building heights should step up from the Beltline park, with
setbacks at the 5-storey base building height and at the top of the building;
(7)A street-related expression line of 2-storeys should be incorporated in the design of the
facade of buildings;
(8)Building facades facing the Beltline should be designed as a front of the building, and
have a minimum setback at grade of three metres;
(9)East and west sides of buildings should be articulated and not consist of blank walls;
(10)Only under exceptional circumstances and where the reconfiguration of a building,
without exceeding the permitted density, could better achieve these development guidelines.
Council may consider applications to permit taller building elements;
(11)Taller building elements (above the 5-storey height) should not exceed 7 storeys and
should be set back from the street and designed and oriented on a north-south axis to permit
and maximize high level views from the north. In general, as building height increases, the
amount of sky view should increase;
(12)All entries to buildings should be grade related;
(13)Street-related building frontages should include street-related uses at grade;
(14)Street-related building walls should be designed to demarcate public access locations
between Merton Street and Beltline park;
(15)Future development on the south side of Merton Street adjacent to the historic coal
towers should be set back with open space from the Dominion Coal Towers. Open space
should have a strong public character and create a strong visual relationship from the corner to
the Beltline park. The building setback from the Beltline should be established at three metres
at the westerly boundary and be extended parallel to Merton Street rather than following the
Beltline in order to preserve easterly landmark views along the Beltline which could otherwise
be obscured by buildings; and
(16)Vehicular access to buildings should occur at the openings between buildings and be
shared to serve adjacent buildings wherever possible.
Streetscape and Open Space:
(1)Sidewalks should be created on the south side of the street;
(2)A streetscape concept plan should be prepared for Merton Street;
(3)Generous open space access points between Merton Street and the Beltline should be
created at Pailton Crescent, at the east side of 119 Merton Street and at the public lane
between 25 and 35 Merton Street. Pailton Crescent should be visually extended south to the
Beltline park;
(4)The open space gaps between buildings along the southerly frontage at grade should be
designed and planted to permit landscaped views through to the Beltline park and Mount
Pleasant Cemetery beyond; and
(5)Private open space directly adjacent to the Beltline should be designed in a manner that is
complementary to the Beltline and clearly articulates the differences between public and
private spaces.
--------
Appendix C
Comments from Civic Officials
(1)Works and Emergency Services, dated June 9, 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)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;
(c)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner
of Works and Emergency Services that the development has been designed and constructed in
accordance with the Noise Impact Statement approved by the Commissioner of Works and
Emergency Services;
(d)Provide, maintain and operate the noise impact measures, facilities and strategies
stipulated in the plan approved by the Commissioner of Works and Emergency Services;
(e)Provide and maintain a minimum of 122 parking spaces on the site to serve each of
Buildings A, B and C, including at least 107 parking spaces for the exclusive use of the
residents of each building and at least 15 spaces for the residential visitors to each building,
for a total minimum of 366 spaces;
(f)Construct the access ramps to the underground garage with a slope not exceeding five
percent within six metres of their intersection with the driveways from Merton Street and not
exceeding 15 percent along the remaining portions;
(g)Provide and maintain in each of Buildings A, B and C a garbage room at least 25 square
metres in size and a recycling room at least 10 square metres in size and install and maintain a
stationary compactor unit, to City specifications, in each garbage room;
(h)Provide and maintain 1 Type G loading space on the site to serve each of Buildings A, B
and C, with a generally level surface and access designed so that trucks can enter and exit the
site in a forward motion;
(i)Construct the Type G loading spaces 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;
(j)Construct all driveways and passageways providing access to and egress from the Type G
loading spaces with a minimum width of 3.5 metres (four metres where enclosed), a minimum
vertical clearance of 4.3 metres and minimum inside and outside turning radii of 9 metres and
16 metres;
(k)Provide and maintain level service connections between the garbage and recycling rooms
and the Type G loading spaces for the transporting of container bins;
(l)Provide and maintain a concrete base pad with a slope not exceeding two percent adjacent
to the front of each Type G loading space for the storage of at least four compactor containers
on collection day;
(m)Submit to the Commissioner of Works and Emergency Services dimensioned plans of
the development for the purpose of preparing site specific exemption by-laws and such plans
should be submitted at least three weeks prior to the introduction of a bill in Council;
(n)Submit, prior to the issuance of a building permit, a grading and drainage plan for the
review and approval of the Commissioner of Works and Emergency Services.
(2)That the owner be advised:
(a)That the storm water run-off originating from the site should be disposed of through
infiltration into the ground and that storm connections to the sewer system will only be
permitted subject to the review and approval by the Commissioner of Works and Emergency
Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is
contaminated or that processes associated with the development on the site may contaminate
the storm run-off;
(b)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; and
(c)Of the City's requirement for payment of a service charge associated with the provision
of City containerized garbage collection.
Comments:
Location:
South side of Merton Street, between Yonge Street and Mount Pleasant Road.
Proposal:
Construction of three residential condominium buildings, each comprising 106 residential
units for a total of 318 units. The site area shown on the application and site plan as being
14,417.05 mē should be corrected to 13,925.5 mē.
The proposal was dealt with in Departmental reports dated November 17, 1997 and February
16 and March 23, 1998. The above consolidated recommendations supersede the
recommendations contained in the previous reports, including the recommendation requiring
the submission of revised plans, which has been satisfied.
Previous Application:
This site was previously the subject of Rezoning Application No. 2385 (Parcel 3).
Parking and Access:
The proposed provision of 127 parking spaces for each building in a 3-level underground
garage (for a total of 381 spaces), consisting of 112 resident spaces and 15 residential visitor
spaces satisfies the estimated parking demand generated by each building in this project,
based in part on the surveyed demand of residential condominium units, for 122 spaces,
consisting of 107 resident spaces and 15 residential visitor spaces (for a total of 366 spaces).
The Zoning By-law requirement, as far as can be ascertained, is for a total of 411 spaces.
The parking spaces are located in a 3-level underground parking garage which is designed
such that there is a common first level for the visitor parking and the entrance to the resident
parking serving Buildings A and B. Gates physically separate the resident spaces for all three
buildings from the residential visitor spaces. The plans indicate that the access driveways will
have a typical width of 5.5 metres and that the typical dimensions of the parking spaces will
be 2.6 metres x 5.9 metres. The dimensions and general layout of the parking spaces are
acceptable. The plans also show that ingress to and egress from the parking spaces will be
from a sloped ramp/driveway system having a maximum slope of three percent, which is
satisfactory.
Access to the portion of the underground parking garage serving Buildings A and B is
provided via a driveway from Merton Street between Buildings A and B to a ramp located on
the east side of Building A. Access for Building C is via a second driveway from Merton
Street between Buildings B and C to a ramp located on the west side of Building C. This is
acceptable.
Refuse Collection:
The City will provide 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 the
storage and handling facilities identified in Recommendation Nos. 1(g) to 1(l) above.
The plans show the provision of service areas, each with a Type G loading space, at the
southeast corner of Building A and the southwest corners of Buildings B and C. The Type G
loading spaces are configured such that trucks using the loading spaces would be able to enter
and exit Merton Street in a forward motion. This is acceptable. As an alternative, one Type G
loading space, strategically located on the site, for the shared use of two or all three buildings
would also be acceptable.
It is the policy of City Council to levy a service charge on all new developments, payment of
which is a condition for receiving City containerized garbage and recycling collection. The
levy is currently $34.50 per month, including taxes, multiplied by the number of garbage
containers on site. The levy includes the provision and maintenance of City garbage and
recycling containers. Should the owner choose to provide private garbage containers, the levy
will still be charged and the containers must meet City specifications and be maintained
privately at the expense of the building owner. Further information regarding the above can be
obtained by contacting the Operations and Sanitation Division at 392-1517.
Municipal Services and Storm Water Management:
The existing water distribution and sanitary sewer systems are adequate to serve this
development.
It is the policy of City Council to require the infiltration of storm water run-off into the ground
for all new buildings, whenever possible. Therefore, storm connections to the City sewer
system will only be permitted if it can be demonstrated that infiltrating storm water into the
ground is not feasible. Further information regarding storm drainage can be obtained by
contacting the Engineering Section (telephone no. 392-6787).
The applicant should submit a plan showing proposed grades and details of the proposed
drainage facilities for review and approval."
(2)Urban Planning and Development Services, (Buildings Section), dated July 3, 1998:
"Our comments concerning this proposal are as follows:
Description:Construct two apartment buildings (3 towers) with 3 levels of sub-grade
parking and 375 dwelling units
Zoning Designation:CR T2.0 C2.0 R2.0 *Map:51K 311
Applicable By-law(s):97-0551*, as amended
Plans prepared by:E.I. Richmond ArchitectsPlans dated: April 20, 1998
Residential GFA:32102.6 m2
Zoning Review:
The list below indicates where the proposal does not comply with the City's Zoning By-law
438-86, as amended, unless otherwise referenced.
(1)The by-law requires each principal building to be assigned a defined part of the parcel of
land. The proposed buildings have not been assigned their own parcel of land. (Section 2,
definition of "lot".)
Building A and Building B are connected at the basement floor level.
Lot lines have not been shown and corresponding statistics have not been provided.
(2)Each of the proposed towers exceed the maximum height limit of 21.0 m. (Section
4(2)(a))
(3)The by-law requires a minimum of 93 parking spaces to be provided for visitors. The
number of proposed parking spaces for visitors is 45. (Section 4(4)(b))
(4)The by-law requires at least 75 bicycle parking spaces for the occupants of all the
buildings and 19 bicycle parking spaces for visitors to all the buildings. No bicycle parking
spaces are proposed. (Section 4(13)(a) and (c))
(5)The by-law requires an apartment building having a residential gross floor area in excess
of 2800 square metres to have a driveway that serves an entrance to the building and which
allows vehicles to travel in one continuous motion. No such driveway is proposed for any of
the buildings. (Section 4(16))
(6)The by-law requires that the residential gross floor area be not more than 2.0 times the
area of the lot: 16 446.86 square metres. The proposed residential gross floor area of the
building is 32 102.6 square metres. (Section 8(3) Part I 3(a))
(7)The by-law requires a building containing more than 100 dwelling units to have an
average floor area of all dwelling units of at least 50 square metres. (Section 8(3) PART I
3(b))
Other Applicable Legislation and Required Approvals:
(1)The proposal requires Site Plan approval under Section 41 of the Planning Act;
(2)The proposal requires conveyance of land for parks purposes, or payment in lieu thereof
pursuant to Section 42 of the Planning Act;
(3)The proposal does not require 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."
(3)Community and Economic Development Services (Parks Section), dated July 16, 1998:
"I am in receipt of the above-noted application for permission to construct a residential
development on the subject property. The site abuts the north edge of the Beltline Park, a
linear park under the jurisdiction of Toronto Parks and Recreation.
This site is subject to the requirements set out in the Beltline Agreement executed on April 11,
1990 between the City and CN Rail. This agreement requires the provision of a 4.75 metre
wide right-of-way over the easterly portion of this site and requires the resolution of various
issues, including but not limited to, park improvements, access, drainage, restoration of City
property and construction relating to the Beltline Park in conjunction with this application.
The agreement also contains conditions and requirements of an ongoing nature, the Owner is
advised that it is the owners responsibility to be aware of these conditions and to ensure that
they are complied with.
It is my understanding that a Section 37 Agreement will secure matters related to the parkland
improvements contributions, Beltline Park access and long term maintenance of the
right-of-way . With respect to the proposals around the Beltline Park and the parkland design
and improvement contributions, the following draft terms and conditions generally represent
the agreements that have been reached with the owners representatives. The detailed wording
of the various provisions for the agreement will be generally consistent with those set out in
the Section 37 Agreements executed with the respective developers of the properties adjacent
to Beltline Parcels 1 and 2, we will work closely with legal and planning staff over the next
few weeks to resolve the final details. The following recommendations should be included in
your report:
That the provisions of the Section 37 Agreement include the following broad terms and
conditions:
(a)the owner will provide on the day before issuance of the first building permit of the
proposed development a Parks Contribution of $473,000.00 (value as of June 1998, the
agreement will provide for escalation to then current dollars depending on timing of
construction), such Park Contributions shall be deposited in Parks and Recreation Account
216459 40300 C1401 Beltline, such funds shall be used for the purposes of permanent
improvements to the Beltline Park, as well as parkland acquisitions and improvements within
the boundaries of Ward 22, in accordance with the recommendation of the Director of
Development and Support, Toronto Area Parks and Recreation;
(b)the details of the Park Contributions shall be in accordance with the requirements of the
Director of Development and Support, Toronto Area Parks and Recreation, and shall be set
out in the Section 37 Agreement, in accordance with existing precedent arrangements;
(c)the owner shall ensure the City has permanent access over the right-of-way as shown on
Landscape Plan L-2 (referred to below) and such right-of-way shall be in accordance with the
terms and conditions of a typical right-of-way for public access and the owner will be
responsible for all costs and work associated with maintaining the retaining wall located
within the right-of-way, including repair, replacement and maintenance of the wall, further
any work on the development site which necessitates closure of the right-of-way shall occur
between October and April and all efforts shall be made to minimise the length of the closure,
the right-of-way shall be returned to its original condition on completion of any work; and
(d)the owner will provide on the day before issuance of the first building permit of the
proposed development a Letter of Credit in a form satisfactory to the City Treasurer in an
amount sufficient to cover the costs of implementing the Environmental Remediation Plan
and Program in accordance with the Report on the Environmental Site Assessment for Lots
Nos. 154 and 160 Merton Street prepared by Candec Consultants Limited, dated June 18,
1997 as augmented by the letters from Candec Consultants Limited, Reference No. 97/0188,
dated May 29, 1998 and June 24 and undertaking the Basic Park Construction as shown on
Landscape Plan L-1 through L-3 , prepared by Alexander Budrevics and Associates Limited,
dated March 21, 1997, date-stamped received by Urban Development Services on
June19,1998.
That the Planning report include the following recommendations with respect to the parks
levy:
(__)Subject to execution of the Section 37 Agreement, and in view agreements made therein
securing the provision of Parkland Contributions referred to in (__) above, that City Council
authorize an amendment to Chapter 165, Article 1, Conveyance of Land for Parks Purposes,
of the Toronto Municipal Code, to exempt therefrom the development of lands to the extent
permitted by the Subject By-Law Amendment.
With respect to the Application for Site Plan Approval submitted in conjunction with the
application for O.P.A. and Rezoning, I advise that Landscape Plans prepared by Alexander
Budrevics and Associates Limited, dated March 21, 1997, denoted as L-1, L-2, L-3 and L-5,
date-stamped received by Urban Development Services on June 19, 1998 and L-4
date-stamped received by Urban Development Services on April 20, 1998 are acceptable. It
will be necessary for the owner to enter onto the Beltline Park in order to construct this
project. In order to access the Beltline, it will be necessary for the owner to remove the
existing vegetation, including the trees. These removals are acceptable since the owner will be
planting replacement trees and plant material as part of the park improvement program which
will be an improvement over the existing trees and vegetation. The owner has also agreed to
undertake improvements and carry out work within the Beltline Park, I request that the
following recommendations be included in your report, that the owner be requested to:
(1)Implement the Environmental Remediation Plan and Program in accordance with the
Report on the Environmental Site Assessment for Lots Nos. 154 and 160 Merton Street
prepared by Candec Consultants Limited, dated June 18, 1997 as augmented by the letters
from Candec Consultants Limited, Reference No. 97/0188, dated May 29, 1998 and June 24
and Landscape Plan L-1 through L-3 , prepared by Alexander Budrevics and Associates
Limited, dated March 21, 1997, date-stamped received by Urban Development Services on
June 19, 1998;
(2)Implement the Tree Management and Protection Plan and Measures, set out on
Landscape Plans L-1 through L-3, prepared by Alexander Budrevics and Associates Limited,
dated March 21, 1997, date-stamped received by Urban Development Services on June 19,
1998;
(3)Implement the Soil and Groundwater Plan set out on Landscape Plans L-1 through L-3
prepared by Alexander Budrevics and Associates Limited, dated March 21, 1997,
date-stamped received by Urban Development Services on June 19, 1998; and
(4)Obtain an Occupation Permit from the Commissioner of Economic Development,
Culture and Tourism prior to entering onto the Beltline Park.
Please contact Rob Watson at 392-0582 should you have any questions or require further
information regarding this project."
(4)Works and Emergency Services (Fire Prevention Office), dated May 6, 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."
(5)Metro Planning, dated October 9, 1997:
"We have reviewed the above revised application according to Metropolitan planning policies
and the provision of Metropolitan services and advise that we have no objections."
(6)Metropolitan Separate School Board, dated May 21, 1998:
"Further to your request for comments regarding the above-noted proposal, please be advised
that children emanating from this project could be accommodated in permanent facilities at
the following Schools:
St. Monica Catholic School (JK-8);
St. Patrick Catholic Secondary School (9-OAC);
Ecole elementarie catholique Sacre Coeur; and
Ecole secondaire catholique Mgr-de-Charbonnel.
It should be noted that Loretto Abbey Catholic Secondary School which also serves the
subject area is oversubscribed and could not accommodate additional students.
If further information is required regarding this matter, please contact the Planning and
Facilities Department at 222-8282, extension 2278."
(7)Metropolitan Separate School Board, dated November 14, 1997:
"The Metropolitan Separate School Board would like to advise you of its inability to
accommodate secondary students generated by this application at Loretto Abbey Catholic
Secondary School.
An official response will be available after the Board has had an opportunity to review this
proposal."
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