Draft By-laws - Official Plan Amendment and Rezoning -

457- 471 College Street and 301 Markham Street

(Trinity-Niagara)

The Toronto Community Council recommends that:

(1)the Draft By-laws attached to the report (April 23, 1999) of the City Solicitor be amended so as to exclude the following uses for the site:

place of assembly, club, massage establishment, commercial baths, video arcade (place of amusement), and pawnbroker's shop;

(2)the Draft By-laws attached to the report (April 23, 1999) of the City Solicitor, as amended, be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto;

(3)Recommendation No. 3 of the report (April 14, 1999) from the Commissioner of Urban Planning and Development Services be amended to read as follows:

(3)That prior to the issuance of a Building Permit, the owner shall:

a)enter into an Undertaking under Section 41 of the Planning Act, and

b)submit to, and have approved by, the Commissioner of Works and Emergency Services, a Noise Impact Statement in accordance with City Council's requirements."

(4)Recommendation Nos. 1, 2, 3 as amended, 4, 5 and 6 of the Final Report (April 14, 1999) of the Commissioner of Urban Planning and Development be adopted; and

(5)no further notice be give with respect to the draft by-laws.

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 April 28, 1999, and Ms. Natalie Zlodie, Little Italy Residents' Association, addressed the Toronto Community Council.

The Toronto Community Council submits the following report (April 23, 1999) from the City Solicitor:

Purpose:

This report provides the necessary Draft By-laws to permit the mixed-use building proposed for 457, 459, 463, 467, 471 College Street and 301 Markham Street. The project involves a 9 storey mixed-use building containing up to 75 dwelling or live-work units with retail and service shops at grade along College Street and may include a commercial parking garage.

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:

(2)the Draft By-laws attached to the report (April 23, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto, subject to:

(a)receipt by the Commissioner of Works and Emergency Services of a Noise Impact Statement satisfactory to such Commissioner and in accordance with City Council's requirements; and

(b)receipt of a signed Undertaking pursuant to Section 41 of the Planning Act; and

(3)Recommendations 1 - 6 of the Final Report (April 14, 1999) of the Commissioner of Urban Planning and Development be adopted.

Council Reference/Background/History:

You will have before you the report (April 14, 1999) of the Commissioner of Urban Planning and Development Services recommending approval of the above described Draft By-laws.

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:

Sharon Haniford, Solicitor

Telephone: 392-6975

Fax: 392-0530

E-mail: shanifor@toronto.ca

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DRAFT BY-LAW (1)

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

as adopted by City of Toronto 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 457, 459, 463, 467 and 471 College Street and 301 Markham 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. .

ENACTED AND PASSED this _____ day of ______________, A.D. 1999.

MayorCity Clerk

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SCHEDULE "A"

1. Section 18 of the Official Plan for the former City of Toronto is amended by adding a new Section 18. and Map 18. as follows:

"18.Lands known as Nos. 457, 459, 463, 467 and 471 College Street and 301 Markham Street

Despite any of the provisions of this Plan, Council may pass by-laws applicable to the lands shown on Map 18. to permit the erection and use of a mixed-use building having a maximum residential gross floor area of 6 221 square metres, a maximum non-residential gross floor area of 617 square metres and a maximum total gross floor area of 6 838 square metres.

For the purposes of this amendment, the term "mixed-use building" shall have the same meaning as in 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."

(Map to be inserted)

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DRAFT BY-LAW (2)

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

as adopted by City of Toronto 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. 457, 459, 463, 469 and 471 College Street

and 301 Markham Street.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.None of the provisions of Sections 2(1) respecting the definition of parking space, 4(2)(a), 4(4)(b), 4(12), 4(13) respecting bicycle parking spaces for visitors, 4(14)(a), 8(1)(f) respecting the use of the property for the purposes of a commercial parking garage, 8(3) PART I 1 or 8(3) PART I 3(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 on the lot of a mixed-use building, provided:

(1)the lot consists of at least the lands outlined by heavy lines on the attached Plan 1;

(2)no portion of the building located above grade is located otherwise than wholly within the area delineated by heavy lines as shown on the attached Plan 2;

(3)the aggregate of the residential gross floor area and the non-residential gross floor area erected or used on the lot does not exceed 6 838 square metres, of which

(a)the residential gross floor area does not exceed 6 221 square metres, and

(b)the non-residential gross floor area does not exceed 617 square metres;

(4)the height of the building, does not exceed the heights shown on Plan 2, exclusive of the elements referred to in Section 4(2)(a)(i) and (ii) of By-law No. 438-86 provided such elements comply with the restrictions set out in such Sections;

(5)not less than 56 parking spaces are provided on the lot in an underground garage for the exclusive use of the residents of such building;

(6)in the event a commercial parking garage is not erected and maintained on the lot, visitor parking for the building is provided in accordance with the requirements of Section 4(4)(b) of By-law No. 438-86;

(7)the aggregate number of dwelling units and live-work units contained in the building does not exceed 75;

(8)not less than 600 square metres of retail and service shop uses are located at grade with their principal entrances from College Street;

(9)all of the provisions of Sections 8(1)(a) and 8(1)(f) of Bylaw No. 438-86 shall continue to apply to the lot with the exception that a commercial parking garage containing up to 40 parking spaces is a permitted use and provided no portion of the lot is used for the purposes of a club, a place of amusement or a place of assembly ;

(10)not less than 42 square metres of indoor residential amenity space are provided and maintained on the lot and despite Section 4(12) of By-law No. 438-86 a kitchen and washroom are not required to be provided;

(11)a minimum width of at least 5.5 metres is provided and maintained for all driveways serving two way traffic on the lot;

(12)a minimum width of at least 5.5 metres is provided and maintained for the access ramp leading to the underground garage on the lot;

(13)the parking spaces within the commercial parking garage may have a minimum length of 5.18 metres;

(14) subject to subsection (13) herein, for the purposes of this by-law a parking space shall have a length of 5.8 metres or more and in all other respects the definition of a parking space pursuant to Section 2(1) of By-law No. 438-86 continues to apply to the lot;

(15)at least one loading space- type G is provided and maintained on the lot; and

(16)Section 4(13) of By-law No. 438-86 respecting bicycle parking spaces for occupants continues to apply to the lot.

2.For the purposes of this by-law:

(1)except as otherwise provided herein each word or expression which is italicized herein shall have the same meaning as such word or expression as defined in the aforesaid By-law No. 438-86;

(2)"height" means the level above grade for each area shown outlined by heavy lines on Plan 2; and

(3)"retail and service shop uses" means those uses listed in the chart set out in Section 8(1)(f)(b)(iv) under the heading "Retail and Service Shops", with the exception of a pawnbroker's shop which is not a permitted use on the lot.

ENACTED AND PASSED this _____ day of ______________, A.D. 1999.

MayorCity Clerk

(Plans to be inserted)

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The Toronto Community Council also submits the following report (April 14, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends approval of a revised application to construct a nine storey, mixed-use building and a commercial parking garage at 457-471 College Street and 301 Markham Street.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)Section 18 of the Official Plan for the City of Toronto is amended by adding a new Section ______ as follows:

"______Lands known as 457, 459, 463, 467, 471 College Street and 301 Markham Street

Despite any of the provisions of this Plan, Council may pass by-laws applicable to the lands shown on Map _____ to permit the erection and use of a mixed-use building having a maximum residential gross floor area of 6221 square metres, a maximum non-residential gross floor area of 617 square metres and a maximum total gross floor area of 6838 square metres."

(2)The Zoning By-law 438-86 be amended as it applies to 457, 459, 463, 467 and 469 College Street, and 301 Markham Street, so as to permit the construction of a mixed-use building by exempting the site from sections 2(1) respecting the definition of parking space, 4(2)(a) height, 4(4)(b) parking, 4(12) amenity space, 4(13) bicycle parking spaces for visitors, 4(14) (a) setbacks, 8 (1)(f) commercial parking garage, 8(3) PART I 1 total density 8(3) Part I, 8 3(a) residential gross floor area, of such By-law, as amended, provided that:

(i)the residential gross floor area does not exceed 6221 square metres;

(ii)the non-residential gross floor area does not exceed 617 square metres;

(iii)the combined residential and non-residential gross floor area for the site does not exceed 6838 square metres;

(iv)the heights of the building do not exceed those shown on Plan __ and the maximum building height does not exceed 30 metres, exclusive of the elements referred to in Section 4(2)(a)(I) and (ii) provided such elements comply with the restrictions set out in such Sections;

(v)a minimum width of 5.5 metres is provided for all driveways serving two-way traffic;

(vi)a minimum width of 5.5 metres is provided for the access ramp leading to the underground garage;

(vii)not less than 56 parking spaces are provided for the exclusive use of the residents;

(viii)within the commercial parking garage 40 parking spaces may have a length of not less than 5.18 metres;

(ix)in the event a commercial parking garage is not provided, visitor parking is provided in accordance with the requirements of S. 4(4) of By-law 438-86;

(x)one loading space- type G is provided on the site;

(xi)no portion of the mixed-use building above grade is located outside of the area delineated by heavy lines as shown on Map _____ attached to the By-law;

(xii)subject to (viii) above, for the purposes of this by-law a parking space shall have a length of at least 5.8 metres;

(xiii)not less than 42 sq. m. of indoor residential amenity space is provided which need not contain a kitchen or washroom;

(xix)the provisions of Section 4(13) of the By-law as they relate to bicycle parking spaces required for occupants are satisfied;

(xx)all of the provision of Section 8 (1) (a) and in 8 (1)(f) shall continue to apply to the site with the exception that a commercial parking garage containing not more than the 40 parking spaces shall be a permitted use;

(xxi)the number of units and live-work units contained in the building does not exceed 75; and

(xxii)not less than 600 m2 of retail and service shop uses are located at grade with the main entrances from College Street.

(2)That prior to the introduction of Bills in Council, the owner shall:

(a)enter into an Undertaking under Section 41 of the Planning Act, and

(b)submit to, and have approved by, the Commissioner of Works and Emergency Services, a Noise Impact Statement in accordance with City Council's requirements.

(3)The owner submit to the Commissioner of Works and Emergency Services:

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

(b)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the building envelope plans;

and such plans should be submitted at least three weeks prior to the introduction of Bills in Council.

(4)The owner convey to the City, at nominal cost, prior to the issuance of a building permit:

(i)a 0.77 m wide strip of land to the full extent of the site abutting the west limit of the north-south public lane;

(ii)a 1.98 m wide strip of land to the full extent of the site abutting the north limit of the east-west public lane; and

(iii)a 1.5 m by 1.5 m triangular splay at the north-west corner of the intersection of the north-south public lane and the east-west public lane, as widened;

such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to below grade rights in favour of the Grantor to a depth not less than 0.5 m below finished grade for the purpose of constructing an underground structure on such terms and conditions as to support and otherwise as are satisfactory to the Commissioner of Works and Emergency Services and the City Solicitor, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(6)The owner be advised of the requirement to:

(a)comply with all relevant provisions of the Ontario Building Code prior to issuance of the building permit;

(b)convey land for parks purposes, or payments in lieu thereof pursuant to Section 42 of the Planning Act;

(c)obtain approval of Works and Emergency Services regarding ramp approval and curb cuts;

(d)obtain approval from Works and Emergency Services for the proposed encroaching canopy and for all work within the City's road allowance;

(e)pay a service charge associated with the provisions of City containerized garbage collection; and

(f)note that all recyclable material generated by this project eligible for collection under the City's recycling programmes must be set out for collection on the days and at the times scheduled by the City for the collection of recyclables.

Background:

The proposal represents the first stage of developing the retail and residential uses at the south-west corner of Bathurst and College Streets. This infill project will replace an existing building. It will contribute to the creation of a gateway to College Street and to an area that has become one of the most successful commercial and entertainment areas in the City. The proposal also tries to integrate the building into the adjacent residential neighbourhood by stepping down the Markham Street elevation, thereby providing a transition into the residential area on Markham Street. The project now includes a third level of underground parking, the first one and one half levels of which are proposed to be used for a commercial parking garage to be operated by the Parking Authority of Toronto.

Comments:

1.Location

The property, known as 457-471 College Street and 301 Markham Street, is located on the south side of College Street, half a block west of Bathurst Street.

2.Site

A three storey commercial building exists on the site and the retail use will be relocating to another location on Bathurst Street. To the east of the site is an existing parking lot. To the west and north of the site is the College Street commercial strip known as "Little Italy" and characterized predominantly by restaurants and other commercial uses. The condominium and Church at the northwest corner of the College and Bathurst Street intersection begin to give a sense of entrance and definition to the street. Residential uses exist to the south of the site.

3.Current Planning Controls

The site is designated Low Density Mixed Commercial-Residential Area under the Part I Official Plan and Council may pass by-laws to permit residential buildings having a gross floor area of up to 3.0 times the area of the lot. At 5.0 times coverage this proposal exceeds the maximum density permitted by the Official Plan by 2.0 times the lot area. An Official Plan Amendment is required.

The site is zoned CR T3.0 C3.0 R3.0, which permits a wide range of commercial and residential uses to a maximum density of 3.0 times the lot area. The proposal does not comply with the zoning by-law in that the development exceeds the permitted density by 2 times the lot area, and exceeds the permitted 18 metre height limit by 12 metres. In addition, a commercial parking garage is not a permitted use in a CR district. Other relief is required for the Zoning By-law provisions.

4.Project Revisions

The December 22, 1998 Preliminary Report on this application listed specific issues that needed to be resolved in the processing of the application. This report discusses those issues, and others raised at the public meeting held on March 1, 1999. Revised plans submitted on March 24, 1999 and April 6, 1999, retain the proposed nine-storey mixed-use building with underground parking, with the following revisions:

(i)the residential units contain a mix of one, two and three bedroom units;

(ii)the reduction of the second floor exterior amenity space in response to concerns of overlook and possible noise raised by the residents of Markham Street;

(iii)the introduction of a public parking garage, to be operated by the Parking Authority of Toronto, for up to 40 parking spaces to help alleviate the shortage of parking on College Street;

(iv)the redesign of the parking entrance to Markham Street to allow for access to the public parking garage and the residential parking garage;

(v)the provision of a physical separation between the residential and the public portions of the parking garage to secure the availability of the residential parking; and

(vi)the provision of 52 bicycle parking spaces for the occupants of the building.

5.Planning Issues

5.1Height, Built Form and Density

The design of this building evolved through several stages of review and discussion over a period of several months. The present proposal has been designed to respond to design issues raised by planning staff and the community. The building was also redesigned to reduce its impact on houses along Markham Street to the south, by placing the bulk of the building on College Street, while stepping down to the rear of the site.

The second floor outdoor amenity area has been reduced in response to concerns expressed by residents to the south, and design consideration imposed by the revised entrance to the parking garage. Retail uses are supported by the community and retail units are retained along the College Street frontage.

The additional height is warranted since College Street is wider than most arterial roads at this location and the proposed building will help to define the streetscape. Shadow impacts are acceptable, and the height of the building is not out of context when compared to some of the other buildings in the immediate area.

This density adjustment will provide an opportunity to diversify the residential mix in the neighbourhood and utilize the site to its full potential. The proposed building will serve as an "entrance" into College Street and "Little Italy."

5.2Housing

The project provides an appropriate location for housing on College Street where shopping, community facilities and transportation are all in good supply. The proposed mix of units will offer a variety of housing options and bring enhanced residential and retail uses to this significant corner of College Street. The proposed building is an opportunity to continue the economic revitalization process underway in this section of College Street, while satisfying market demand for housing in this neighbourhood.

5.3Parking, Traffic and Vehicular Access

The plans indicate the provision of 96 parking spaces in a 3-level underground parking garage, consisting of 56 spaces for residents of the building, and 40 parking public parking spaces proposed to be operated by the Toronto Parking Authority. Access and egress to the parking garage is proposed directly off Markham Street, adjacent to the north limit of the existing east-west public lane. This is acceptable to the Commissioner of Works and Emergency Services.

The Zoning By-law would require 84 parking spaces to serve the proposed development comprising 68 residential spaces, 8 visitor spaces and 8 spaces serving the retail component. The application proposes 56 parking spaces serving the residential building, with visitor and retail parking accommodated within the proposed 40 space commercial parking garage. In the event the commercial parking garage is not erected, visitor parking for the residential and retail components is required to be provided in accordance with usual standards.

The reduction in parking for the residential building is considered to be appropriate since the site is well located near the junction of two streetcar routes. The site is also near the boundary of the commercial area where the Downtown Parking and Loading Standards apply. If those parking standards were used to review this project the parking requirement would be approximately 46 parking spaces for the proposed 68 residential units.

6.Other Issues

Other matters raised in the Preliminary Report such as landscaping, streetscape and design will be secured in the Statement of Approval for this application.

Contact Name:

Susanne Pringle

Telephone: (416) 392-0413

Fax: (416) 392-1330

E-Mail: springle@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:457, 459, 463, 467, 469, 471 College Street, 301 Markham Street.

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:		Site Specific Provision:	No
Zoning District:	CR T3.0 C3.0 R3.0	Historical Status:	No
Height Limit (m):	18.0	Site Plan Control:	Yes

Project Information

Site Area:	1394.0 m2		Height:	Storeys:		9 + Mech. Penthouse + 3 basements
Frontage:	36.6 m			Metres:		29.15, 33.83
Depth:
				Indoor		Outdoor
Ground Floor:	1104.0 m2		Parking Spaces:	96
Residential GFA:	6221.0 m2		Loading Docks:			1	G
Non-Residential GFA:	617.0 m2		(number, type)
Total GFA:	6838.0 m2

Dwelling Units					Floor Area Breakdown
Tenure:	Condo				Land Use	Above Grade	Below Grade
1 Bedroom:	44				Residential	6221.0 m2
2 Bedroom:	24				Retail	617.0 m2
Total Units:	68				Indoor Amenity Space	42.0 m2

Proposed Density
Residential Density: 4.46	Non-Residential Density: 0.44	Total Density: 4.90

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Appendix A

Comments of Civic Officials

1.Medical Officer of Health (November 19, 1998)

Thank you for your request of October 28, 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 applicant proposes to demolish the existing buildings and construct an 8 storey mixed use commercial residential development with 2 levels of underground parking on this site. EHS has no information in our files for this property.

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 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 the 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.

2.Ministry of Municipal Affairs and Housing (January 14, 1999)

I am writing in response to the above-noted official plan amendment and rezoning application which you circulated for comments and review. The Ministry has reviewed the amendment application and has no objection to the redevelopment of the site for an eight storey mixed-use commercial/residential building.

If you have any questions, please feel free to contact me at 585-6041.

3.Toronto Transit Commission (January 6, 1999)

It is noted that the subject development is within the zone of influence of the 506 Carlton streetcar line. Therefore, 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 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, through 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.

4.Works & Emergency Services - Fire Prevention (March 31, 1999)

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.Works & Emergency Services (April 9, 1999)

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)Convey to the City, at nominal cost, prior to the issuance of a building permit:

(i)a 0.77 m wide strip of land to the full extent of the site abutting the west limit of the north-south public lane;

(ii)a 1.98 m wide strip of land to the full extent of the site abutting the north limit of the east-west public lane; and

(iii)a 1.5 m x 1.5 m triangular splay at the north-west corner of the intersection of the north-south public lane and the east-west public lane, as widened;

such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to below grade rights in favour of the Grantor to a depth not less than 0.5 m below finished grade for the purpose of constructing an underground structure on such terms and conditions as to support and otherwise as are satisfactory to the Commissioner of Works and Emergency Services and the City Solicitor, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(c)Provide and maintain a minimum of 55 parking spaces for the exclusive use of the residents of the project;

(d)Provide and maintain a physical separation between the residential and the public portions of the parking garage to secure the availability of the residential parking;

(e)Construct the access ramp to the underground garage with a slope not exceeding 5% within 6 m of the streetline, and not exceeding 15% along the remaining portions;

(f)Provide and maintain minimum widths of 5.5 m for all driveways serving two-way traffic;

(g)Provide and maintain a minimum width of 5.5 m for the access ramp leading to the underground garage;

(h)Provide and maintain separate garbage room and a recyclable materials storage rooms with minimum sizes of 25 square metres and 10 square metres, respectively, for the shared use of the residential and non-residential components, and install and maintain a stationary compactor unit in the garbage room;

(i)Provide and maintain double or overhead doors of sufficient size to accommodate the movement of container bins between the garbage and recycling storage rooms and the Type G loading space;

(j)Provide and maintain access to the garbage and recycling storage rooms for the retail component of the project;

(k)Provide and maintain 1 Type G loading space on the site, with a generally level surface and access designed so that trucks can enter and exit the abutting streets in a forward motion;

(l)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading space for the storage of at least 4 compactor containers on collection day;

(m)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 9m and 16m;

(n)Provide and maintain a convex mirror and appropriate signage at the rear of the loading space, to aid and improve visibility for drivers using the loading space;

(o)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;

(p)Provide and maintain a level service connection between the garbage room/recycling room and the Type G loading space for the transporting of container bins;

(q)Provide and designate a fully trained employee to assist in the loading operations on garbage collection days;

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

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

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

(ii)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the building envelope plans;

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

(t)In connection with the construction of the underground garage:

(i)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;

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

(iii)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 the Commissioner of Works and Emergency Services;

(iv)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;

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

(vi)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;

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

(u)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;

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

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

(c)That all recyclable materials generated by this project eligible for collection under the City's recycling programs must be set out for collection on the days and at the times scheduled by the City for the collection of recyclables.

Comments:

Location

South-east corner of College Street and Markham Street.

Proposal

Construction of a mixed-use building comprising 68 residential condominium units and 617 mē of retail space. The project now includes the addition of a third level of underground parking, the first one and a half levels of which will be used for commercial parking purposes.

The proposal was dealt with in a Departmental report dated March 19, 1999. The above consolidated recommendations supersede the recommendations contained in the previous report including the recommendation requiring the submission of revised plans.

Parking and Access

The plans indicate the provision of 96 parking spaces in a 3-level underground parking garage, consisting of 56 spaces for residents (23 spaces within level P2 and 33 spaces within level P3) and 40 public parking spaces (33 spaces on level P1 and 7 spaces on level P2). The estimated parking demand generated by this project is for 71 spaces, based in part on the surveyed demand of condominium dwelling units, including 55 spaces for the exclusive use of the residents, 8 residential visitor spaces and 8 spaces for the non-residential component. As far as can be ascertained, the Zoning By-law requirement is for 68 spaces for the residents of the project. Given the provision of 40 parking spaces for public purposes, which would accommodate both residential and retail visitors to this project, the provision of 56 parking spaces for the exclusive use of the residents, which satisfies the estimated parking demand generated by the residents, is acceptable.

The plans indicate that all of the residential parking spaces will have a substandard length of 5.8 m instead of 5.9 as required by the Zoning By-law. Given that the 6.4 m wide driveways will provide adequate manoeuvring space for vehicles to access/egress the parking spaces, the substandard parking spaces are acceptable.

The dimensions of the ramps and driveways, the slope of the access ramps, the location of the physical separation and parking layout are acceptable. Access to and egress from the parking garage is now proposed directly off of Markham Street, adjacent to the north limit of the east-west public lane and is acceptable. As a result, the provision of convex mirrors at the top of the ramp of the parking garage is no longer required.

Lane Widening

There are two lanes abutting the site. The east limit of the site abuts a 4.57 m wide substandard lane, which in accordance with the City standard for commercial lanes, should ultimately be widened to 6 m. In order to provide for the widening, a 0.72 m wide strip of land along the full extent of the site, abutting the west limit of the 4.57 m wide portion of the public lane, should be conveyed to the City. In addition, the south limit of the site abuts a 3.05 m wide substandard lane which, in accordance with the City standard for commercial/residential lanes, should ultimately be widened to 6 m. The plans indicate a proposed widening of the north-south lane by 0.77 m, a 1.98 m widening of the east-west lane, together with a 1.5 m x 1.5 m triangular splay at the north-west corner of the intersection of the north-south public lane and the east-west public lane as widened. This is acceptable.

Loading

The plans show the provision of 1 Type G loading space which satisfies the estimated loading demand generated by this project, based on the shared-use of loading spaces between the residential and non-residential components, for 1 Type G loading space and, as far as can be ascertained, the loading requirement of the Zoning By-law for a like number.

Refuse Collection

The City will provide this project, including the non-residential component, with the bulk lift method of refuse and recyclable materials collection in accordance with the Municipal Code, Chapter 309 (Solid Waste) provided that all recyclable materials generated by this project are set out for collection on the days and at the times scheduled by the City for the collection of recyclables. This will require the provision of a Type G loading space, sufficient manoeuvring area for trucks to safely enter and exit the abutting streets in a forward motion and the storage and handling facilities identified in Recommendation Nos. 1(h) to 1(p), above. The plans indicate the provision of a separate garbage room of 40.33 mē with a stationary compactor unit and a recycling room of 20.41 mē. The recycling room is shown to be accessible to the residents and non-residential components of the project, without providing access to the garbage room. This is acceptable. The compactor unit which must be installed in the garbage storage room must be compatible with the charger door on the City's bulk lift containers. The dimensions of the charger door are 91.44 cm horizontally by 72.39 cm vertically and the compaction level of the unit should not exceed 800 p.s.i.

The proposed Type G loading space at the rear of the building, is configured such that City trucks will enter the site and the loading space via the public lane from Markham Street. Upon completion of the loading operations, trucks will back-up into the lane from the loading space to exit the site in a forward motion, via the north-south public lane onto College Street. It should be noted that trucks will be required to make several back and forth manoeuvres in order to access and egress the Type G loading space. Although this situation is not desirable, it is acceptable subject to the owners ensuring that the loading space is kept free and clear of all cars and obstructions and the provision of building maintenance staff to assist the driver, if required, to safely enter and exit the loading space and assist in the loading operations on garbage collections days to ensure that container bins are not left on the laneway. A convex mirror and appropriate signage should also be installed to aid and improve visibility for drivers using the loading space, so that drivers, when backing up will be able to see oncoming vehicles. It should be noted that the plans show the concrete base pad with a maximum slope of 2%, at the rear of the Type G loading space, instead of adjacent to the front of the loading space. The concrete base pad must be relocated to the front of the loading space and the plans revised, prior to the issuance of a building permit, accordingly.

As a result of insufficient turning radii at the intersection of the lane and College Street and the location of the traffic island on College Street which would obstruct the path of the trucks exiting the site to the east, bulk lift trucks will be restricted to left turn movements only.

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 District 1 - Solid Waste Collections Division at 392-1517.

Work within the Road Allowance

Approval for any work to be carried out within the street allowance must be received from this Department. Please note that curb returns are not permitted at driveway entrances; concrete sidewalks are to be extended across driveways.

Encroachment

The plans indicate the installation of a canopy which will encroach onto the Markham Street road allowance and, as a result, will require the submission of a separate application to your Department.

Municipal Services and Storm Water Management

The existing water distribution and sanitary sewer systems are adequate to serve this development. The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and approval.

Municipal Numbering

The site is comprised of several properties, which should be amalgamated for assessment and Official Record municipal numbering purposes. The owner should submit a separate application to this Department, including a plan showing the location of the principal access points prior to filing a formal application for a building permit.

6.Urban Planning & Development Services (April 12, 1999)

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.

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.
5.	The proposal requires the approval of Works and Emergency Services regarding ramp approval and curb cuts.
6.	All work within the City's road allowance will require a separate approval by Works and Emergency Services.
7.	Separate approval will be required from Works and Emergency Services for the proposed encroaching canopy.

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

-(April 11, 1999) from Ms. Barbara D. Crocker;

-(April 9, 1999) from Mr. James R. Tennyson;

-(April 19, 1999) from Mr. Gaetano Rao, College Street Citizens Committee for Responsible Development;

-(April 16, 1999) from Harry and Margaret Little;

-(April 20, 1999) from Mr. Chris Grimaldi, Little Italy Residents Association;

-(April 27, 1999) from Ms. Anna Di Tommaso and Mr. Tony Percival; and

-(Undated) photographs and design from E. Root.