CITY CLERK
Clause embodied in Report No. 8 of the Toronto East York Community Council, as adopted by the Council of the City of Toronto at its meeting held on November 6, 7 and 8, 2001.
25
Bathurst/Strachan Part II Official Plan and Zoning By-law Amendments and Site Plan Approval - 640 and 650 Fleet Street (Trinity-Spadina, Ward 19)
(City Council on November 6, 7 and 8, 2001, amended this Clause by striking out the recommendations of the Toronto East York Community Council and inserting in lieu thereof the following:
“It is recommended that:
(a) the supplementary report dated November 8, 2001, from the Commissioner of Urban Development Services, embodying the following recommendations, be adopted:
‘It is recommended that City Council:
(1) support the revised application to amend the Official Plan and Zoning By-law for 640 and 650 Fleet Street, as shown on the plans submitted by H and R Developments dated November 5, 2001;
(2) authorize the City Solicitor and other City staff, as required, to attend the Ontario Municipal Board hearing scheduled to begin November 13, 2001, and support the application;
(3) request the applicant and the City Solicitor to seek a two-day adjournment of the hearing to permit further settlement discussions between the parties, to determine if any outstanding issues can be resolved;
(4) approve the Urban Design Guidelines submitted by the applicant for this development, subject to the approval by the Commissioner of Urban Development Services of any amendments required by recent amendments to the applicant’s proposal;
(5) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required; Toronto City Council 2 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(6) support any required amendments to the Official Plan, Zoning By-law and Section 37 Agreements to incorporate and implement the Memorandum of Understanding, substantially in the form attached as Appendix “A” to this report;
(7) authorize the execution of Section 37 Agreements and any other agreements required to implement the proposed development;
(8) authorize staff to take any actions required to implement approval of this development;
(9) authorize the City Solicitor to request the Ontario Municipal Board to withhold any order until a revised Section 37 Agreement and a Site Plan Agreement/Undertaking for the applicant’s site have been entered into and the form of the Official Plan and Zoning By-law amendments has been determined;
(10) authorize staff to establish an SAP account within the Department of Works and Emergency Services to receive and expend the $60,000.00 cost contributions for the deleted Street “A” for the construction of Fort York Boulevard;
(11) authorize staff to establish an SAP account within the Department of Economic Development, Culture and Tourism to receive and expend the former Link Park Levies, now called the Fort York Open Space Improvement Levies, for the development of parks in the vicinity of Fort York;
(12) authorize staff to prepare and execute revised Section 37 Agreements and other required agreements for Blocks 3A and 5 and for Block 7 of the Bathurst/Strachan Part II Official Plan, consistent with the Memorandum of Understanding attached as Appendix “A” to this report;
(13) require the owner to contribute the full cost of implementing new transit platforms on Fleet Street at the planned intersection with Fort York Boulevard, estimated to be $140,000.00, as a condition of Site Plan Approval;
(14) advise the owner that City staff, in consultation with Toronto Transit Commission staff, will develop an appropriate design for the new intersection of Fort York Boulevard and Fleet Street, and build the new transit platforms in conjunction with the construction of Fort York Boulevard, or as soon as possible thereafter; Toronto City Council 3 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(15) advise the owner that the existing agreements with the Toronto District School Board and the Toronto Separate School Board regarding land and/or financial contribution towards school facilities must be reviewed and amended as necessary as a condition to the passing of a Zoning By-law to permit development;
(16) require the owner to contribute the full cost of implementing new transit platforms on Fleet Street at the planned intersection with Fort York Boulevard, estimated to be $140,000.00, as a condition of Site Plan Approval;
(17) request the Commissioner of Urban Development Services to study the issue of height in the Bathurst/Strachan Area and in the Railway Land West immediately east of Bathurst Street to develop guidelines for the review of any other proposals in the area; and
(18) request the Commissioner of Urban Development Services to report back to Toronto East York Community Council on the findings of the study.’; and
(b) the Commissioner of Urban Development Services be:
(i) directed to request the applicant, in future sales, to include a Noise Warning Clause in the sales agreement with respect to potential noise which may emanate from Fort York, such as cannon or musket fire, during Fort York festivals; and
(ii) requested to submit a report to the Toronto East York Community Council on possible future developments in the Bathurst/Strachan Planning Area, such report to address the number of towers, the spacing of towers and the height of towers, and the possibility of pushing such developments back, as far as possible, from Fort York and its Heritage Conservation District.”)
The Toronto East York Community Council recommends that:
(1) the applications be refused in their present form;
(2) the City Solicitor and the applicant be requested to seek an adjournment of the Ontario Municipal Board hearing to be held on November 13, 2001;
(3) in the event the adjournment is not granted, the City Solicitor attend the Ontario Municipal Board in opposition to the application;
(4) staff continue to negotiate with the applicant to redesign the project which takes into account concerns raised at the meeting. Toronto City Council 4 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
The Toronto East York Community Council reports, for the information of Council, having requested the Commissioner of Urban Development Services to seek confirmation in writing from the Minister of Transport Canada of his non-objection to the proposal and to submit such confirmation to City Council.
The Toronto East York Community Council submits the following report (October 19, 2001) from the Director, Community Planning, South District:
Purpose:
This report reviews an application to amend the Official Plan and the Zoning By-law to permit a residential development of approximately 1560 units at 640 and 650 Fleet Street, east of Exhibition Place. I am recommending that City Council support the applicant's proposal at the Ontario Municipal Board hearing scheduled to begin November 13, 2001. This report addresses site planning issues but does not recommend a formal Site Plan Approval.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that City Council:
(1) Support the application to amend the Official Plan and Zoning By-law for 640 and 650 Fleet Street, as shown on the plans submitted by H and R Developments, dated October 16, 2001;
(2) Authorize the City Solicitor and other City staff, as required, to attend the Ontario Municipal Board hearing scheduled to begin on November 13, 2001 and support the application;
(3) Approve the Urban Design Guidelines submitted by the applicant for this development subject to the approval by the Commissioner of Urban Development Services of any amendments required by recent amendments to the applicant’s proposal;
(4) Authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendments prepared by the applicant as may be required, including permission for increased height up to 38 storeys on the southwest corner of the site if the runway flight path issues of the Toronto City Centre Airport are resolved and there is no increase in the maximum permitted floor area;
(5) Support any required amendments to the Official Plan, Zoning By-law and Section 37 Agreements to incorporate and implement the Memorandum of Understanding, substantially in the form attached as Appendix ‘A’ to this report; Toronto City Council 5 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(6) Authorize the execution of Section 37 Agreements and any other agreements required to implement the proposed development;
(7) Authorize staff to take any other actions required to implement approval of this development;
(8) Authorize the City Solicitor to request the Ontario Municipal Board to withhold any Order until a revised Section 37 Agreement and a Site Plan Agreement/Undertaking for the applicant’s site have been entered into and the form of the Official Plan and Zoning By-law amendments has been determined;
(9) Authorize staff to establish an SAP account within the Department of Works and Emergency Services to receive and expend the $60,000 cost contributions for the deleted Street ‘A’ for the construction of Fort York Boulevard;
(10) Authorize staff to establish an SAP account within the Department of Economic Development Culture and Tourism to receive and expend the former Link Park Levies, now called the Fort York Open Space Improvement Levies, for the development of parks in the vicinity of Fort York;
(11) Authorize staff to prepare and execute revised Section 37 agreements and other required agreements for Block 3A and 5 and for Block 7 of the Bathurst/Strachan Part II Official Plan, consistent with the Memorandum of Understanding attached as Appendix ‘A’ to this report;
(12) Request the Commissioner of Urban Development Services to develop Urban Design Guidelines for the whole of the Bathurst/Strachan Part II Plan area, in consultation with local landowners and local community groups;
(13) Require the owner to contribute the full cost of implementing new transit platforms on Fleet Street at the planned intersection with Fort York Boulevard, estimated to be $140,000, as a condition of Site Plan Approval;
(14) Advise the owner that City staff, in consultation with Toronto Transit Commission staff, will develop an appropriate design for the new intersection of Fort York Boulevard and Fleet Street, and build the new transit platforms in conjunction with the construction of Fort York Boulevard, or as soon as possible thereafter; and
(15) Advise the owner that the existing agreements with the Toronto District School Board and the Toronto Separate School Board regarding land and/or financial contributions towards school facilities must be reviewed and amended as necessary as a condition to the passing of a Zoning By-law to permit development. Toronto City Council 6 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Background:
The applicant has appealed the Official Plan, Zoning By-law and Site Plan applications for 640 and 650 Fleet Street to the Ontario Municipal Board. The hearing begins November 13, 2001.
Proposal:
The applicant has significantly revised this proposal to address issues raised by the Toronto City Centre Airport and by advocates for Fort York. This report reviews the revised proposal.
The applicant proposes to build a high density development including 26 and 30 storey residential towers on the frontage of the future Fort York Boulevard and a 38 storey residential tower on the southeast corner of the site. Buildings on Fleet Street are divided by a wide pedestrian and vehicle entrance and are terraced from 8 storeys at the entrance to 12 storeys at the eastern and western corners of the site. The remainder of the perimeter of the site is to be developed with 7 storey buildings. The ground floor units in the 8-10 storey buildings have entrances directly to the street (see Attachment 1). The total number of units proposed is approximately 1560. A total of 123,220 square metres of floor area is proposed, consisting of 119,000 square metres of residential uses and 4220 square metres of retail and recreational uses. The overall density is approximately 6.1 times the lot area. Detailed statistics are provided in Attachment 5, the Application Data Sheet.
The buildings are arranged around a landscaped interior courtyard. All parking and loading are accessed from the internal courtyard.
Site and Surrounding Area:
Site:
- The site area is 20,064 square metres located between Fleet Street and the proposed Fort York Boulevard.
- It is now mostly vacant with several empty industrial buildings of the former Molson Brewery.
Surrounding Properties:
- north side - Gardiner Expressway, the unimproved Fort York Boulevard road allowance and Fort York
- east side - the former Molson Brewery and a concrete plant operated by St Mary’s Cement
- west side - the Fort York Armoury
- south side – Lake Shore Park (also known as Gore Park). Toronto City Council 7 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Site History:
The Bathurst/Strachan Part II Official Plan was approved by City Council in 1995 to permit the redevelopment of the Bathurst/Strachan area from industrial to high density residential uses following the Fort York Ideas Workshop - a community consultation process. The former Molson Land was divided into four properties and a detailed Zoning By-law was passed for each in 1996.
Report on Revised By-laws and Section 37 Agreements Arising from Sale of Molson Lands
Molson sold all of its holdings in Bathurst/Strachan in 2000 to H and R Developments and Markley-Stearns, an internet company. As a result of these sales and the retention and re-use of the Molson Brewery Building, it is necessary to amend the existing Zoning By-laws and Section 37 Agreements to continue to secure each landowner’s contributions to social and physical infrastructure. City Council approved the recommendations of my September 7, 2000 report that sets out a Memorandum of Understanding between the City and the owners. The proposed development requires this Memorandum of Understanding to be updated so that the amendments to the Zoning By-law and Section 37 Agreements can proceed.
Interim Control By-law 627-2000 and Applicant’s OMB Appeal
City Council passed Interim Control By-law 627-2000 on October 4, 2000 to prohibit development on lands that could affect the Waterfront Plan, including the applicant’s lands. Following the staff and consultant work on the Waterfront Plan, the City has determined that the applicant’s land is not required for implementation of the Waterfront Plan. City Council adopted my recommendation to release the applicant’s land from the Interim Control By-law at its meeting of July 24-26, 2001 by the passage of By-law 616-2001.
The applicant and other landowners appealed Interim Control By-law 627-2000 to the Ontario Municipal Board. The Ontario Municipal Board, at the first Pre-hearing Conference on the Interim Control By-law on April 30, 2001, agreed to join any appeal of the 640 and 650 Fleet Street application to the Interim Control By-law appeal process. The applicant appealed its proposed Official Plan and Zoning By-law applications as well as its Site Plan Application to the Ontario Municipal Board. At a subsequent Pre-Hearing Conference, the OMB set October 29, 2001 as the starting date for the hearing on the Interim Control By-law and November 13, 2001 as the starting date for the appeal on the H and R application for 640 and 650 Fleet Street.
Land Exchange to Permit Fort York Boulevard Re-Alignment
As part of staff’s discussions with H and R, a land exchange was agreed upon which permits the re-alignment of Fort York Boulevard to create a wider park between Fort York Boulevard and the Fort York Armoury. The Land Exchange also secures the View Corridor along the alignment of the former Link Park between the east boundary of the applicant’s land and the former Molson Brewery Building. The retention of this view corridor is also included in the proposed Waterfront Part II Plan. City Council has approved the recommendations of my February 12, 2001 report to approve in principle this Land Exchange between the City and this Toronto City Council 8 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25 applicant. The applicant is proceeding to transfer this land to the City so that the construction of Fort York Boulevard can begin this year.
Official Plan
The lands are designated Residential by the Bathurst/Strachan Part II Official Plan, which permits high density residential development with non-residential uses at grade, subject to the detailed conditions and requirements of the Part II Plan. The Part II Plan sets out a detailed regime of height limits up to 69 metres or 22 storeys with the highest buildings on Fleet Street.
Zoning
The majority of the site is zoned R4 and the site-specific By-laws for the land permit development with the following amounts of floor area:
Total 113,545 square metres Residential 113,545 square metres Non-Residential 5,919 square metres.
Height limits are set out in the site-specific by-laws at 0, 24, 36, 44 and 69 metres.
The applicant has acquired a 1262 square metre parcel from Wittington Properties on the north side of its own land holdings, which is part of this application. This land is zoned IC D4 N1.5 which permits industrial and commercial uses at 4.0 times the lot area. The applicant proposes that the density and uses permitted on the rest of the site be applied to this parcel. The consolidation of this parcel into the application permits a more comprehensive development of lands south of the future Fort York Boulevard.
Site Plan Control
The applicant has submitted a Site Plan application. The Site Plan application has also been appealed to the Ontario Municipal Board. I am recommending that the City Solicitor present the conditions required for Site Plan Approval to the Ontario Municipal Board and ask the Board to withhold its Order until a Site Plan Agreement/Undertaking has been approved and signed.
Reasons for Application:
Height Limits and Land Use
The applicant requires amendments to the detailed height limit regime in the Bathurst/Strachan Part II Official Plan, the Bathurst/Strachan Zoning By-law 1995-0446 and the site-specific Zoning By-laws 1996-0243 and 1996-0244, which affect the majority of the site. No amendments to land use permissions or increases in floor area are required for the majority of the applicant’s site to permit the proposed development.
The applicant has applied to amend the Official Plan and Zoning By-law for the small triangular parcel on the northern edge of the site, which was acquired from Wittington Properties after the Toronto City Council 9 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25 applicant purchased the land which forms the main site of this application. This small parcel was not re-zoned for residential uses in the Part II Plan zoning process. Therefore, it requires a Zoning By-law amendment to change the permitted uses from Industrial to Residential and to set the floor area and height limit permissions.
Amendments to Reflect Land Exchange
The Part II Plan, Zoning By-laws and existing Section 37 Agreements delineate the location and dimensions of future streets, including Fort York Boulevard. They must all be amended to reflect the land exchange approved in principle by Council at its March 6-8, 2001 meeting.
Revised Section 37 Agreements and Zoning Authority
The amendments recommended in my September 7, 2000 report, concerning the revisions to the Section 37 Agreements and the Zoning By-laws which guide them, have not yet been implemented, in part, because of the passage of the Interim Control By-law and because the current applicant had made clear its intent to develop an amended built form. It was considered prudent to make the necessary amendments coincide with the time of approval of the development. These amendments must be finalized to permit this application to proceed.
Community Consultation:
A Community Consultation meeting was held on June 25, 2001 at the National Trade Centre and chaired by the local Councillor.
Issues raised at the meeting included:
The potential for heights of the proposed condominium towers to:
- overwhelm historic structures at Fort York and Exhibition Place;
- have a negative impact on the views to and from the fort, and
- set an undesirable precedent for the development of the rest of the lands in the Bathurst/Strachan area;
Concern that the proposal is too great a departure from the built form described by the Bathurst/Strachan Part II Official Plan which was developed with extensive and productive community consultation and input;
Concern that the proposal does not meet the needs of the fort as well as the existing Part II Plan rules which call for an 8 storey street wall along Fort York Boulevard and lower towers than the proposal’s 4 storey street wall and much higher towers; Toronto City Council 10 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Adequacy of services and shopping for this area;
The need for high quality architectural design and materials due to the size of the buildings and the gateway location of the site;
The potential negative impact on the operation of the north-south runway of Toronto City Centre Airport because the tall towers may interfere with the flight path;
Concern that site-by-site revisions to the Official Plan undermine the reliance the public can place on the Plan; and
The ability of the Bathurst streetcar to handle the new traffic created by this development when the perception is that it cannot handle peak transit demand now.
In addition, staff have had extensive discussions with the applicant, the Friends of Fort York, surrounding land owners, Historic Preservation and Museums staff, Parks Planning staff Transportation staff and the Toronto Transit Commission.
Agency Circulation
The application was circulated to all appropriate agencies and City Departments. Responses received have been used to assist in evaluating the application and to formulate appropriate by-law standards. I have received comments from the Departments of Works and Emergency Services and Economic Development, Culture and Tourism.
The comments from the Department of Works and Emergency Services are generally technical in nature and set out the conditions of approval.
The Department of Economic Development, Culture and Tourism recommended that the proposed development be revised to follow more closely the built form regime currently permitted by the Part II Plan. In its view, the Part II Plan height and built form recognize the significance and importance of Fort York and the Heritage Conservation District.
The issues raised by the public and by Economic Development, Culture and Tourism are addressed below. The full agency comments can be found in Attachment 6.
Comments:
1. Proposed By-law Changes Compared to Existing Regulations
The applicant proposes to amend the pattern of height limits and the built form they create in the existing Bathurst/Strachan Part II Official Plan and implementing By-laws. These changes also include modifications to the streets and open space system. The density and land uses permitted remain the same (see Attachment 1). The Bathurst/Strachan Part II Plan and the applicant’s proposal represent two different approaches to high density residential development. Toronto City Council 11 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
The existing planning regulations, shown mapped on Attachments 2-4, represent an approach characterized by medium rise slab buildings that create a continuous wall of buildings along a street edge with buildings generally covering a high percentage of the site, as follows:
- Buildings of 8 to 12 storeys lining three sides of each of two blocks divided by a north-south street;
- 2 court yards approximately 70 metres long and 20 to 30 metres wide, open to Fleet Street on the south side of the development blocks;
- 12 and 22 storey towers on Fleet Street at the south ends of the buildings that line the north-south streets;
- The lowest heights of 8 storeys are on Fort York Boulevard facing Fort York and the land west of Fort York.
The applicant’s scheme, shown on Attachment 1, presents a design approach characterized by taller, more slender buildings which create larger and/or more breaks in the streetwall with buildings generally covering less of the site, as follows:
- One Block instead of two - no street dividing the site;
- A wide publicly accessible corridor and open space replacing the north – south street;
- Continuous street frontage of 7 storeys with two towers of 26 and 30 storeys on Fort York Boulevard and a 38 storey tower on Fleet Street at the southeast corner of the site;
- Buildings arranged on the perimeter of the site;
- One large landscaped courtyard in the middle.
Both built forms are valid design approaches to urban development and both can generally meet planning policy.
In order to assess whether the Official Plan and Zoning By-laws amendments required should be supported, I have compared the applicant’s proposal to the development permitted by the existing regulations for the H and R site. Where applicable, I have applied the guidelines and principles in the Part II Plan to determine whether the proposal meets them as well as the approved built form regulations.
I have also reviewed the Urban Design Guidelines prepared by the applicant to assess whether they meet the requirements of the Part II Plan and adequately guide the development of the public areas and public faces of the development.
A detailed design analysis of the two approaches for the H and R site follows. Toronto City Council 12 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
2. Quality of Living Environment
The applicant’s design would improve some of the conditions created by the design permitted by the Part II Plan. The close spacing of the slab buildings in the Part II Plan would create a high percentage of apartment units with views dominated by the walls of other buildings in the development and narrow courtyards relative to building height. The typical unit facing a courtyard or the street in the middle of the project would face other units across a distance of 20 to 25 metres in a space defined by buildings of 24, 36, 44 and 69 metres. The current proposal to build 7 to 10 storey podium buildings on the perimeter of the site with three tall relatively slim towers increases the minimum facing distance between opposing units to 30 metres and substantially reduces the number of units at the minimum facing distance. It provides good views and light to more residents. No units would face each other across narrow courtyards or across standard width City streets lined with buildings. All units would face a public park, a spacious landscaped courtyard framed primarily by the 7 to 10 storey podium or an upgraded City street with a substantial landscaped element.
3. Quality of Public and Publicly Accessible Open Space
The land exchange agreed to between the applicant and the City creates an important area for a future public park between the Fort York Armoury and Fort York Boulevard. This will be an important link between the open space around the fort and the waterfront park system. This implements the recommendations of the Waterfront Part II Plan proposals for Fort York Park and the Fort York and Garrison Common Parks and Open Space Design and Implementation Plan. It also opens up an improved view corridor between the fort and the Princes’ Gate at the eastern entrance to Exhibition Place.
Landscaped central courtyards to serve residents and complement the parks and open space system are encouraged by the Part II Plan (Section 4.1.2). The elimination of the need to convey Street ‘A’ to the City also permits the applicant to incorporate the Street ‘A’ land into the internal landscaped courtyard. The applicant proposes to create a much larger and superior internal open space than is possible under the existing Part II Plan rules. This space is accessible and visible from generous openings at the north and south edges of the applicant’s proposed development.
Through-block connections are encouraged by the Part II Plan (Section 5.10). The open space proposed by the applicant is oriented in a linear north-south fashion and will be accessible to the public as a pedestrian link between Fleet Street and Fort York Boulevard. The existing Part II Plan built form regulations require a continuous row of 8 storey buildings lining Street ‘A’ ending in 12 and 22 storey towers opposite each other at Fleet Street. The courtyards possible under the Part II Plan regulations would be closed at the north end.
4. Sun and Shadow
The applicant has submitted sun and shadow studies for a previous version of this proposal which showed that there are no adverse impacts. Some of the tallest building heights have now been reduced. City staff have reviewed the studies and accept their results. In particular, the proposed development casts no shadows on Fort York and only minor shadows for a brief period Toronto City Council 13 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25 on the southern limits of what is now the Fort York parking lot. The applicant will be required to submit an addendum to the studies to reflect the most recent revisions to the proposal.
Buildings which cast shadows on the fort itself or which have a major shadow impact on the fort’s grounds are not desirable. Future development closer to the fort will be carefully monitored to ensure that this principle is upheld. Buildings closer to the fort may have to be shorter. This issue should be addressed when Urban Design Guidelines for the entire Bathurst/Strachan area are developed.
5. Compatibility of the Alternative Forms of Development with Fort York
Section 2.2 of the Bathurst/Strachan Part II Official Plan states that it is Council policy to recognize the significance of Fort York and the Fort York Heritage Conservation District by the way it controls street patterns, parks and open spaces, built form including height and massing, location of buildings and the allocation of density. It sets out three particular policies to do this:
- Create an urban boulevard along the south edge of the fort to mark the limit between the fort area and private development;
- Set the lowest heights nearest the fort along the boulevard with heights increasing further south; and
- Orient north-south streets and public open spaces to improve the visibility and accessibility of the fort. Important views are shown on Map C in the Plan.
The construction of Fort York Boulevard along the southern edge of the fort will begin in November 2001. This is the single most important action to increase the visibility and presence of the fort. The re-alignment of Fort York Boulevard at Fleet Street, made possible by the land exchange between the City and the applicant, has enhanced the views to and from the fort even further.
The existing By-laws permits 113,545 square metres of development on a 2 hectare site – a density over 6 times the lot area. An additional 9,454 square metres of residential and non- residential gross floor area has been applied for on the small triangular site the applicant acquired from Wittington Properties. There is no debate that the development of these lands will create large buildings that will be highly visible from the fort. The contrasting opinions about the changes proposed to the height limits and built form come down to a difference of opinion about which development form creates a conflict with or an interesting counterpoint to the fort.
The primary concerns expressed about this application at the community consultation meeting and by those expressing concern about the relationship between the proposed development and Fort York were that:
- the replacement of the eight storey streetwall with tall towers and the four storey podium building proposed at the time on Fort York Boulevard is a poorer way to recognize the significance of the fort; Toronto City Council 14 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- the two 30 storey towers proposed at the time on Fort York Boulevard would be visually obtrusive and inconsistent with the low open nature of the fort itself;
- views to and from the fort to the water and waterfront parks would be blocked;
- the tower form is a bad precedent for other development in Bathurst/Strachan.
The applicant has reduced the 30 storey tower closest to Fort York Boulevard to 26 storeys, increased the height of the Fort York Boulevard streetwall from 4 to 7 storeys and eliminated the 38 storey tower previously proposed at the southwest corner of the site and replaced it with a 12 storey building.
The applicant’s scheme challenges the assumption in the Part II Plan that the best way to accommodate the high density permitted on the site and recognize the significance of the fort is to create a continuous 8 storey building wall along Fort York Boulevard. The built form argument is as follows:
- the continuous eight storey wall would block all views to the south from the fort for this development site;
- the extra height of the towers is offset by the openness of the courtyard and the wide view corridor through it;
- the seven storey podiums are substantial enough to give Fort York Boulevard and Fleet Street solid urban edges.
6. Summary of Built Form Review
The two types of built form represent different visions of how to build high density residential development. The medium rise - high land coverage model represented by the Part II Plan has proven to be well suited to mixed use and mainly residential, high density infill and re-development along main streets of the city. Good development at high density can be achieved on small, constrained sites. In these cases, it is appropriate to build on a high percentage of the property and create commercial space at grade. The open spaces created on these sites are necessarily small or not possible. The existing pattern of streets and existing built form virtually dictate this formal relationship of buildings to the street frontage beside or between other buildings which address the street in the same formal way. The H and R site, however, presents different opportunities as a large, deep lot with a single owner.
Areas with larger, wider and deeper sites and no pre-existing residential or mixed-use development context offer an opportunity for more flexible and creative design solutions. Builders have entire blocks to design, not just one or two block faces. Good urban streets can also be created by proper design of streetscape and buildings along streets that support pedestrian activity and create the sense of the street as a public space. This was the basis on which the permitted building forms in the Railway Lands were amended. The applicant’s site is more similar to the Railway Lands in this respect than it is to other residential intensification areas such as St. Lawrence or Queens Quay West. Toronto City Council 15 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
The applicant’s site differs from other sites in Bathurst/Strachan in the following ways:
- It is the only site completely surrounded by park and/or wide landscaped boulevards;
- It is the only site which has access to both Fleet Street and Fort York Boulevard; it has long frontages along both streets;
- It is the only site where a north-south through block connection can be created on a site in single ownership;
- The site is large enough that it is possible to create high residential densities while leaving the centre for a significant open space;
- It is the most westerly site of the downtown/Waterfront area where high density development is permitted and thus is a landmark or gateway opportunity;
- Of all the sites on Fort York Boulevard, it is furthest from Fort York and buildings can be taller without shadowing the fort.
The proposal presented by the applicant responds well to the physical characteristics of the site, its location in the city and the needs of its future residents in an area where there would be large buildings under any development scenario. The applicant’s scheme trades off higher heights closer to the fort for improved views, site lines and open space. In my view, either design approach could provide an appropriate setting for the fort, but the applicant’s proposal is superior in the other important aspects I have reviewed.
7. Urban Design Guidelines
The applicant has submitted Urban Design Guidelines for approval for its site, as required by the Part II Plan. The Guidelines follow the format of the Railway Lands West and Central Urban Design Guidelines and address the matters required by the Part II Plan in Sections 9.2.2 and 9.2.3. I have reviewed the guidelines for streetscape, setbacks, treatment of buildings at grade, grade-related units, courtyards and pedestrian linkages and am satisfied that they are sound and applicable to the revised proposal. Some minor revisions are required to reflect the revised proposal. I am recommending that these Urban Design Guidelines be secured through the implementing agreements for this development as required in Section 9.2.2.
Urban Design Guidelines for the entire Bathurst/Strachan Part II Plan area are needed to guide future development and are required by the Part II Plan. I am recommending that Council request the Commissioner of Urban Development Services to develop Urban Design Guidelines for the whole of the Bathurst/Strachan Part II Plan area, in consultation with local landowners and local community groups. Toronto City Council 16 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
8. Minimizing the Potential Negative Impact of the Gardiner Expressway on Future Residents
The elevated Gardiner Expressway is located immediately to the north of the applicant’s land and separates it from Fort York. The applicant’s proposal reduces the number of units affected by the Gardiner by lowering the height of the streetwall to 7 storeys, reducing the length of the streetwall facing the expressway and orienting the proposed towers on Fort York Boulevard so that a narrow face of the tower is exposed to the expressway.
9. Traffic Impact, Access, Parking – TTC streetcars and platforms on Fleet Street
The transportation aspects of the applicant’s proposal have been reviewed by Transportation Planning and by Transportation staff of the Department of Works and Emergency Services. Road capacity is sufficient to accommodate the traffic generated by the development and the locations of the two access points off Fort York Boulevard and Fleet Street are well located and designed. The revisions proposed adjust building height but do not change the overall floor area, or the layout of buildings, driveways and access points on the site. The revised plans will be reviewed by staff to determine if technical amendments are required.
The Commissioner of Works and Emergency Services also reports that the applicant has addressed the issues of refuse collection, municipal services and storm water management and the provision of local streets, subject to the submission of the appropriate studies and management plans. The requirements of the existing Section 37 agreements that require the applicant to secure the funds and the construction of local streets (Section 6(10) of By-laws 1996-0243 and 1996-0244) must also be met. Any new Zoning By-laws should provide clearer language to indicate that the “Downtown Parking Standards” contained in Sections 4(5) and 4(8) of By-law No. 438-86 apply to these lands.
The Council of the former City of Toronto approved a resolution at its April 29-30, 1996 meeting which required the developers of the Molson lands to pay for the installation of streetcar platforms on Fleet Street with funding secured through rezoning or Site Plan Approval. The obligation is set out in Section 15.18 of each of the Section 37 Agreements and the Council resolution is attached as Schedule ‘Q’. The platforms this applicant must pay for at the intersection of Fort York Boulevard and Fleet Street cost approximately $140,000. I am recommending that this work be secured as a condition of Site Plan Approval.
10. Securing Developer Contributions to Social and Physical Infrastructure - Section 37 of the Planning Act
The applicant’s site is already the subject of two Section 37 Agreements as part of the set of four Section 37 Agreements which control development on the former Molson Lands. The developer’s contributions are already established and indexed to the date of the agreement, May 18, 1996. The sale of the Molson Lands to two owners, including the applicant in this development, requires the adjustment of the Section 37 Agreements so that each agreement stands on its own without reference to each other. The applicant’s land is no longer divided by a public street and its two agreements will be consolidated into one and adjusted to reflect the land exchange and ownership changes. Toronto City Council 17 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Staff has also worked closely with the applicant and the other purchaser of the former Molson Lands to adjust the Section 37 Agreements for all of the former Molson Lands. This will finalize the discussions I reported on in my September 7, 2000 report. I have appended a Memorandum of Understanding as Appendix ‘A’, which has been agreed to by all affected parties, that outlines how the agreements are to be amended.
Section 9.2.16(2) of the Part II Plan requires the landowners to enter into agreements with the Public and Separate School Boards regarding land and/or financial contributions toward school facilities. Such agreements are already in place for the development permitted by the existing site-specific By-laws. Since the form of the development and the boundaries of the actual land ownership will change, some amendments to these agreements may be required. Any amendments must be made before the Zoning By-law is amended to fulfil this condition of the Plan.
11. Toronto City Centre Airport – North/South Runway
The Toronto City Centre Airport, operated by the Toronto Port Authority, indicated that the 38 storey tower which had been proposed on the south-west corner of the applicant’s site would project into the “transition zone” on the east side of the flight path of the northern approach to the airport’s north-south runway. It is possible that the construction of the 38 storey tower in the location proposed would cause Transport Canada to de-certify the north-south runway and force its closure. The Toronto Port Authority has sought and obtained party status at the Ontario Municipal Board hearing on this application and objected to this aspect only of the application.
In response to the concerns raised by the Toronto Port Authority, the applicant has revised the proposal to eliminate the 38 storey tower in this location and replace it with a building of 12 storeys that does not penetrate into the “transition zone”. This is within the current Official Plan and Zoning By-law height limit of 44 metres for this portion of the applicant’s site. The applicant has revised proposed heights on much of the remainder of the proposal in a manner that I can support. If the airport runway issue were resolved to remove the height restrictions, I would support the applicant’s previous proposal for this corner, for a tower up to 38 storeys, provided there was no increase in the maximum permitted floor area for the applicant’s site.
12. Affordable Housing
Section 6(9) of each of the existing site specific Zoning By-laws requires that 30% of all units be equal to or less than the following size thresholds: bachelor and one bedroom units – 62 square metres; 2 bedroom units – 82 square metres; 3 bedroom units – 98 square metres. This requirement is to be secured through the Section 37 Agreements. Each of the existing Section 37 Agreements also contains this provision. Any revised Zoning By-laws and Section 37 Agreements will retain this requirement. Unit designs have been created but not finalized for one of the towers. Approximately half of the units meet the requirement and the average unit sizes are less than the affordable threshold required. Toronto City Council 18 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Conclusions:
The existing Official Plan and Zoning By-laws permit residential development at very high densities on the applicant’s site. While the applicant’s proposed amendments do not materially change the amount of development permitted, they would produce a different form and style of development than that described by the existing Part II Plan and Zoning By-laws. The applicant’s proposal concentrates the permitted floor area into taller buildings and leaves more open space on the site. I have reviewed the applicant’s proposal on its own merits and within the context of the Bathurst/Strachan Part II Plan area and compared it to the style and type of development permitted by the existing land use controls.
It is my view that the applicant’s proposed amendments should be supported because the development proposed:
- creates a superior residential living environment,
- creates public and publicly accessible open space of better quality and proportions,
- improves views through the project and to and from Fort York,
- meets or improves upon the guidelines and principles in the Part II Plan for creating development compatible with Fort York,
- reduces the potential negative impact of the Gardiner Expressway on future resident, and
- is consistent with satisfactory Urban Design Guidelines prepared for the site.
The applicant has amended the proposal to address the runway flight path concerns of the Toronto City Centre Airport, reduce the height of the apartment tower closest to Fort York and increase the height of the streetwall. The changes are acceptable. The applicant should submit addenda to previously submitted Urban Design Guidelines, sun/shade studies, traffic studies and environmental reports to reflect the revised proposal.
I am recommending that City Council request the City Solicitor and staff to attend the Ontario Municipal Board Hearing which begins on November 13, 2001 in support of the project as proposed.
Contact:
Ian Cooper, Planner Phone: 392-7572; Fax: 392-1330; e-mail: [email protected]
______Toronto City Council 19 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 5
Application Data Sheet Combination Site Plan Approval: Yes File Numbers: 101012 and 301053 Rezoning: Yes Application Number: TE CMB 2001 0006 O.P.A.: Yes Application Date: 04/27/2001 and 08/23/2001 Municipal Address: 640 and 650 Fleet Street Nearest Intersection: Fleet - Strachan Project Description: Residential and grade related retail Applicant: Agent: Architect: Owner: MacCarthy Tetrault Page and Steele 640 Fleet Street Box 48, Ste. 4700 Developments Limited TD Bank Tower 3625 Dufferin Street Toronto ON M5K 1E6 Toronto ON M3K 1H4
Planning Controls (For verification refer to Chief Building Official) Official Plan Designation: Res., Ind. Site Specific Provision: Zoning District: R4, IC Historical Status: No Height Limit (m): various to 69m Site Plan Control Area: Yes Project Information Site Area: 20064 Height: Storeys: 2, 7, 8, 10, 12, 26, 30, 38 Frontage: 199.28 Metres: various to maximum of 117 Depth: varies Indoor Outdoor Ground Floor GFA: 8900 Parking Spaces: 1322 0 Residential GFA: 119000 Loading Docks: 4 2 Non-Residential GFA: 4220 Total GFA: 123220 Dwelling Units Floor Area Breakdown Tenure Type: Condominium Above Grade Rooms: 0 Residential GFA: 119000 Bachelor: 120 Retail GFA: 1750 1 Bedroom: 872 Office GFA: 0 2 Bedroom: 550 Industrial GFA: 0 3+ Bedroom: 26 Industrial/Other GFA: 2470 Total Units: 1660 approx. Total Proposed Density: 6.14 Toronto City Council 20 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Comments Current Status: Open Latest Event Actual Date Suppl. Submission 06/07/2001 Suppl. Submission 05/14/2001 Received 04/27/2001 Data Valid: June 7, 2001 Planner: Cooper, Ian Phone: (416) 392-7572 Area: District - C Planning Office: Toronto - South (TE)
______
Attachment 6
Agency Comments
1. Works and Emergency Services – Technical Services, October 4, 2001
Comments
This is in reference to the application by McCarthy Tetrault on behalf of 640 Fleet Street Developments Limited, 650 Fleet Street Developments Limited and Fleet Boulevard Limited for the project on the above-noted site located on the north side of Fleet Street, west of Bathurst Street. Given time constraints and in order to expedite our response, this memorandum does not incorporate the comments and recommendations from Transportation Services, which will be copied to you in the usual manner.
Refuse Collection
The City will provide the residential component and small commercial uses with the bulk lift method of refuse and recyclable materials collection, in accordance with the Municipal Code, Chapter 309 (Solid Waste). This will require the provision of one Type G loading space to serve each building, or alternatively, one or more Type G loading spaces appropriately configured for the shared use of more than one building. The current requirement as per Section 5(11) in Site Specific By-law Nos. 1996-0243 and 1996-0244 is acceptable. However, perhaps there should be a change in wording to clarify that the parking and loading requirements as set out in Sections 4(5) and 4(8) of By-law No. 438-86 shall apply, notwithstanding these requirements only apply to the “Downtown” as defined in Sections 4(5)(a) and 4(8)(a) of the by-law.
Section 6(12) of the existing site specific by-laws requires, among other things, a waste management plan. Waste management plans are no longer required for residential developments and many commercial projects are also exempt from this requirement. Therefore, this section of the site specific by-laws should be amended so that the waste management plan is required at the discretion of the Commissioner of Works and Emergency Services. Toronto City Council 21 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Municipal Services and Storm Water Management
The capacities of the City water distribution system and the sanitary sewers are adequate to accommodate this development.
With respect to storm water, 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 Branch (telephone 392-6787).
Section 6(11) of the site specific by-laws requires, among other things, the submission of a municipal servicing plan prior to application for site plan approval. This provision should be maintained. In this regard, the applicant has submitted a Municipal Servicing Report, dated August, 2001, prepared by IBI Group. This report was received subsequent to the submission of Site Plan Application No. 301053 and is currently being reviewed by engineering staff.
Section 6(13) of the site specific by-laws requires the submission of a study related to storm water control measures and a construction practices and procedures plan prior to undertaking any infrastructure work. Given the elimination of Street A, it is not clear what qualifies as “infrastructure work”. It is recommended that this section be amended to require the submission of a satisfactory storm water management report, including a grading and drainage plan, prior to the earlier of site plan approval or undertaking any infrastructure work. The origin of the need for a construction practices and procedures plan is not clear.
Local Streets
Section 6(10) of the site specific by-laws requires security for the construction of abutting local streets and the completion of the streets prior to completion/occupancy of the first building. These provisions should be maintained.
Recommendations
1. 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, prior to the first application for site plan approval, a municipal servicing plan for the review and approval of the Commissioner of Works and Emergency Services;
(c) Submit, prior to the earlier of site plan approval or undertaking any infrastructure work, a storm water management report, including a grading and drainage plan, for the review and approval of the Commissioner of Works and Emergency Services; Toronto City Council 22 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(d) At the discretion of the Commissioner of Works and Emergency Services, submit to and have approved by the Commissioner, prior to site plan approval, a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development;
(e) Provide, maintain and operate the material recovery and waste reduction measures, facilities and strategies stipulated in the Material Recovery and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services, if any;
(f) Submit, prior to site plan approval, a noise impact statement in accordance with City Council’s requirements for the review and approval of Commissioner of Works and Emergency Services; (g) 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;
(h) Provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;
(i) Submit to the Commissioner of Works and Emergency Services final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans for the purpose of preparing site specific exemption by-laws. Such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;
(j) Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit;
(k) Comply, as a minimum, with the loading requirements of Site Specific By-law Nos. 1996-0243 and 1996-0244; and
(l) Comply with the requirements of Section 6(10) of Site Specific By-law Nos. 1996-0243 and 1996-0244.
2. Works and Emergency Services – Transportation Services, October 4, 2001
I have reviewed the above-noted plans for this project and provide the following comments and recommendations.
I note that an application for Site Plan Approval has also been submitted for this project (Application No. 301053). Requirements with respect to site plan issues will be provided under separate cover. As advised by the area planner, plans dated stamped August 10, 2001 submitted with the Site Plan Application are to be used to review this Rezoning Application. Toronto City Council 23 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
For your information, the site was the subject of Site Specific By-law 1996-0243 and 1996-0244.
Parking
The applicant intends to provide 1,465 parking spaces, including 100 spaces for residential visitors located in a 3-level underground parking garage. In order to provide some flexibility with respect to the number and mix of residential units, it is recommended that the minimum parking ratios contained in the Site Specific Zoning By-law for these lands be applied as follows:
Bachelor Units 0.3 spaces per unit
1-bedroom Units 0.7 spaces per unit
2-bedroom Units 1.0 spaces per unit
3+ - bedroom Units 1.2 spaces per unit
Visitors 0.15 spaces per unit
The site statistics indicate a total of 40 substandard parking spaces with a length of 4.5 m instead of the minimum Zoning By-law requirement of 5.9 m. This length is too small, even for small vehicles. The architect has indicated that the minimum length of substandard spaces will be increased to 5.0 m, which is acceptable.
Access
Access to the site is proposed from a private north-south two-way driveway in the middle of the site extending between Fleet Street West and Fort York Boulevard, which is acceptable. Access operations to the site is further detailed below.
Traffic Impact Study
A Traffic Impact Study was prepared by IBI Group under date of August 2001, which I received on September 11, 2001, in support of the subject proposal.
The consultant has estimated the future vehicular trip generation for the development at full build out to be in the order of 379 two-way trips in the a.m. peak hour (76 inbound and 303 outbound) and 454 two-way trips in the p.m. peak hour (303 inbound and 151 outbound). The trip generation rates were based on parameters previously approved by the City for use in the Railway Lands.
The City is currently in the process of undertaking the construction of Fort York Boulevard between Bathurst Street and Lake Shore Boulevard West. The proposed development will be located on the northeast corner of the newly constructed Fort York Boulevard and Fleet Street intersection. The TTC Bathurst Street streetcar and Harbourfront LRT pass in front of the site, within the Fleet Street road allowance. Toronto City Council 24 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
As part of the design process for Fort York Boulevard, an assessment of the future travel patterns and the potential trip generation for the subject site were taken into consideration. Based on this information, a four-lane cross-section is proposed for Fort York Boulevard along with dedicated bicycle lanes. Accordingly, the area road network has been designed to accommodate the proposed development.
I understand that the TTC is seeking an exclusive right-of-way along Fleet Street along with streetcar platforms at the newly created Fleet Street/Fort York Boulevard intersection as part of this application. The exclusive right-of–way will restrict operations at the Fleet Street access to in-right/out-right through by-law and signage. Physical measures to prevent left turns should also be identified by the applicant and a plan submitted for the review and approval of the Commissioner of Works and Emergency Services and the TTC, as part of the Site Plan Application process.
Implementation of streetcar platforms on the east leg of Fleet Street, directly in front of the subject site, along with exclusivity for TTC streetcar operations presents a number of traffic operational concerns as well as implications on the Fort York Boulevard/Fleet Street intersection design, the contract for which has already been awarded. Discussions between Works and Emergency Services, TTC and UDS staff are on going with respect to this matter.
Loading
The provision of 4 Type G loading spaces (1 per tower) to serve the project satisfies the estimated loading demand generated by this project and the Zoning By-law requirement for 1 Type G loading space and is acceptable.
Work within the Public Right-of-Way
Approval for any work to be carried out within the street allowance must be received from this Department. Although the proposed access is acceptable in principle, changes may be required as a result of the detailed review of the application for work with the public right-of-way. For further information, the applicant should contact the Right-of-Way Management Division, District 1, Construction Activities at 392-7877. As well, existing curb cuts, which are not to be further utilized, should be restored to the City of Toronto Standards, at no cost to the City.
Recommendations
1. That the owner be required, to:
(a) Provide and maintain a number of parking spaces on the site to serve the project, in accordance with following minimum ratios:
Residential
- Bachelor Units 0.3 spaces per unit
- 1-bedroom Units 0.7 spaces per unit Toronto City Council 25 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- 2-bedroom Units 1.0 spaces per unit
- 3+ bedroom Units 1.2 spaces per unit
- Visitors 0.15 spaces per unit;
(b) Comply with the parking space dimensional requirements of the Zoning By-law, save and except that a maximum of 40 spaces can have a minimum length of 5.0m;
(c) Submit a functional plan for the review and approval of the Commissioner of Works and Emergency Services, illustrating that the sight lines provided at the Fort York Boulevard access satisfy Transportation Association of Canada design guidelines, taking into account the proposed landscaping and identifying mitigating measures where required;
(d) Pay all costs for any measures that are required, in the opinion of the Commissioner of Works and Emergency Services, as a result of the functional plan submitted under Recommendation No. 1 (c) above;
(e) Provide and maintain a minimum of 1 Type G loading space at each building or, alternatively, 1 Type G loading space strategically located on the site for the shared use of all buildings;
2. That the owner be advised:
(a) That turn prohibitions may be imposed at the site driveways as a result of the review of the functional plans submitted in accordance with Recommendation No. 1(c), above;
(b) Of the need to receive the approval of the Commissioner of Works and Emergency Services for all work to be carried out within the abutting street allowance; and
(c) Of the need to obtain building location, access and streetscape permits, as well as potentially other permits such as hoarding, piling/shoring etc. from this Department prior to construction.
______
Appendix ‘A’
Memorandum of Understanding (October 5, 2001)
A. View Corridor Toronto City Council 26 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
1. H & R will acquire Parts 8 and 9 on Plan 64R-16736 and convey those lands in escrow to the City upon execution of the Section 37 Agreement for the development of Blocks 1A and 2A. Part 8 is currently registered in the name of the building owner and consent to convey is required. Molson has the right to call for the conveyance. Part 9 is currently registered in the name of a Molson company, consent to convey having previously been obtained, and a transfer has been delivered in escrow to Borden & Elliott as escrow agent. The prior escrow shall be released, Parts 8 & 9 conveyed to an H & R company which will deliver a conveyance therefor to the escrow agent.
2. No structures shall be constructed on those lands prior to conveyance to the City.
3. Upon the City requiring the lands, or a portion thereof, for road purposes, the H & R company will decommission the lands to appropriate standards at their expense, and the lands will be released from escrow to be conveyed to the City free and clear of any encumbrances (title or physical) including any foundations of buildings.
4. H & R to pay for a consultant acceptable to the City (acting reasonably) to do a report and provide an initial estimate for decommissioning costs.
5. To ensure funds are available for decommissioning the lands, security for a sufficient amount, as determined by the Commissioner of Works and Emergency Services, will be required upon the earlier of: a) issuance of the first building permit in respect of development on Block 2A; and, b) the City providing at least 3 month’s written notice that it shall within the next following 9 months commence construction of the road. If H & R shall fail to provide the security, the City may require H & R to allow no further occupancy of any buildings on Blocks 1A or 2A, and refuse to process any further building permit with respect to Blocks 1A or 2A or any portion thereof during the period of such default.
6. If City Council authorizes it, and the City commences construction of a new street on Parts 8 and 9 at its expense; the City reserves the right to receive from H & R, prior to construction of the new street, the funds that would have been expended by H & R to construct Street B to be used for the City’s construction of the new street.
7. Nothing herein relieves H & R of the obligation to post security and construct Street B (Part 9) prior to the issuance of the first Building Permit for the development of the east ½ of Block 2A (see Section B – Streets A to F below). Provided however that if H & R expends funds on the construction of Street B, any funds expended shall be credited towards H & R's liability under paragraph A.6.
8. Blocks 1A, 2A and 7 will still be entitled to an exemption from the S. 42 parks dedication (now found in section 2.2 of the Blocks 1A, 2A and 7 S. 37 Agreements). Toronto City Council 27 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
9. Blocks 3A and 5 will not be required to convey Part 15 on Plan 64R-16736 to the City, but those blocks, when they develop, will be subject to the S. 42 parks dedication. Arrangements will be made to release Part 15 from existing escrow transfers. Decommissioning obligations concerning Part 15 will remain in place.
10. All per unit levies, including the parks levies (being the Link Park Levies of $239.00 per unit, indexed since May 1996 and the General Park Levies of $153.00 per unit, indexed in the same manner) are still payable (indexed since May 1996) pursuant to the current S. 37 provisions, but the Link Park Levies will be entitled “Fort York Open Space Improvements Levies” and will be used to improve the parks in the Fort York area. These levies will be paid into a fund entitled the Fort York Open Space Improvements Fund.
B. Streets A to F
1. Comments
The construction and financial responsibility for particular streets is assigned to particular Blocks. In addition, the first builder needing a street will build it regardless of whether that builder has been assigned that street.
Each by-law and agreement will contain the same clause found in the existing “Master Agreement” and Zoning By-law which require the owner to post a letter of credit in an amount sufficient to permit the City to build the street, prior to the issuance of the first Building Permit for each associated development Block with completion of construction prior to any occupancy on the Block (See Clause 6(16) of By-law 1996-0245). The By-law and agreement for each Block will stand independently as their own smaller “Master Agreements”.
The reimbursement mechanism for building another Block’s street will be by agreement among the owners. The Section 37 Agreements may contain provisions to secure a reimbursement mechanism provided it places no obligation on the City.
2. Agreement Outline
What: Decommissioning, construction and conveyance of local streets
Who: Street ‘A’ - the City will not require that Street A be constructed and conveyed to the City as is now required in the Section 37 Agreement; Street ‘B’ – east ½ of Block 2A; Street ‘C’ – west ½ of Block 3A; Street ‘D’ – east ½ of Block 3A or west ½ of Block 5; Street ‘E’ – east ½ of Block 5 or Block 7; and The southern half of Street ‘F’ - Block 5
Note: similar to provisions in Section 7.5 of the existing Master Agreement Toronto City Council 28 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Note: First builder needing local street to serve development builds street
Trigger: issuance of first Building Permit for associated development Block as per outline in “Who” above
Security: letter of credit in an amount sufficient to permit construction of the street,
AND
City may refuse occupancy permits for non-completion of streets.
3. Special Provisions re Street ‘C’
Street ‘C’ is unlikely to be constructed as part of a future redevelopment of Block 3A. The existing obligations concerning decommissioning and street construction will remain in place pending a future redevelopment plan.
C. Fort York Boulevard
1. Comment
The wording of the Molson Lands responsibility for Fort York Boulevard as per Section 8 is unchanged but issues remain as to its interpretation.
2. Land Exchange
a. H & R will decommission to the appropriate standard and then convey Part 8 on Fort York Conveyance Plan (J. D. BARNES plan 93-21-217-26) to the City for nominal amount and at their expense (if not already done by the time S. 37 Agreement is executed);
b. the City will not require that Street A be constructed and conveyed to the City as is now required in the Section 37 Agreement;
c. prior to the issuance of the first building permit pertaining to the development of Blocks 1A or 2A, H & R will pay $60,000.00 to the City in lieu of the requirement to construct Street A, with those funds to be used by the City towards construction of Fort York Boulevard.
3. Agreement Outline – H & R
What: Payment of Fort York Boulevard cost share
Who: owners of Blocks 1A - 22%, 2A - 25% (therefore combined Block 1A and 2A – 47%) and Block 7 – 13% Toronto City Council 29 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Trigger: issuance of building permits for residential development respecting 1/3 of the land area of each Block
Security: letter of credit for full amount owing to secure the payment due upon issuance of Building Permits for residential development beyond 1/3 of land in each Block
4. Agreement Outline – Markley Sterns Partners – Payment if Residential Development does not go forward
What: Indexed 10% annual payment of Fort York Boulevard cost share for Block 3A and 5 (40% of total Molson Lands share)
Who: owner of Blocks 3A and 5
Trigger: first 1/10 installment due on later of the first anniversary of execution of revised agreements or substantial completion of Fort York Boulevard from Fleet Street to Bathurst Street
Security: letter of credit for full amount, upon execution of revised agreements, to secure the 10 annual installments, cashable by the City in 10 installments as per the trigger
Alternatively: Payment if Residential Development goes forward before completion of installment payments
What: Balance of Block 3A and 5 share of Molson lands Fort York Boulevard cost
Who: owner of Block 3A and 5
Trigger: first Building Permit issued
Security: indexed letter of credit, balance owing is cashable by City on issuance of permits for residential development beyond 1/3 of land in Block 3A and 5
Note: All cost figures are as of the date of the original agreements, May 1996 and are indexed from then.
D. Molson-Bremner Lands and Northwest Park Lands
The obligations pertaining to remediation and conveyance of these lands are dealt with in the current Master Section 37 Agreement and those provisions will continue to govern. Toronto City Council 30 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
E. Section 37 Agreements and By-laws
1. The existing Section 37 Master Agreement and all associated Section 37 Agreements will be terminated.
2. Existing Zoning By-laws for each of the Blocks will be repealed and new Zoning By- laws will be drafted by the City.
3. Three new Section 37 Agreements will be drafted. One such agreement will deal with Blocks 1A and 2A, a second agreement will deal with Blocks 3A and 5 and the third agreement will deal with Block 7. Toronto City Council 31 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Street Map Toronto City Council 32 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 1 – Site Plan Toronto City Council 33 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 2 – Zoning Toronto City Council 34 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 3 – Official Plan Toronto City Council 35 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 4 – Official Plan Height Zones Toronto City Council 36 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
WATERPARK CITY – NORTH ELEVATION Toronto City Council 37 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
WATERPARK CITY-SOUTH ELEVATION Toronto City Council 38 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(Memorandum (October 19, 2001) from the Director, Policy and Development Division, and the Managing Director, Culture Division, addressed to the Director, Community Planning, South District)
The owner of the above-noted lands has submitted applications to permit the development of the subject lands in two phases. The comments in this report respond to a revised submission dated October 16, 2001.
Phase one consists of one multi-storey high-rise residential buildings with retail uses at grade, one low-rise residential building and a configuration of seven-storey residential townhouse blocks. Phase two consists of two multi-storey high-rise residential buildings and a configuration of seven-storey residential townhouse blocks. The total number of residential units is approximately 1,560. The lands are identified as Blocks 1 and 2 in the Bathurst/Strachan Part II Plan and once formed part of the Molson Brewery lands.
The property is subject to a 1996 site-specific zoning by-law amendment and Section 37 Agreement entered into with the City by the previous owners. The Section 37 Agreement, secured among other things, the conveyance of a linear parcel of land for parks purposes in the centre of the development site as well as financial contributions to develop and improve the park. The lands have recently been sold to several landowners for residential purposes. The Molson Brewery Building will be retained and renovated for re-use.
The City recently negotiated a land exchange with the present developer in order to achieve a number of objectives identified as part of ongoing work related to the Fort York and Garrison Common Heritage Conservation District, and within the Central Waterfront Part II Plan. This exchange affects the alignment of Fort York Boulevard, and relocates the proposed park to the west-end of the development site adjacent to the Fort York Armoury Building. The land exchange provides a much more significant open space connection between the Fort, the parklands to the south, and Lake Ontario.
The proposed development, however, differs substantially from the Bathurst/Strachan Part II Plan thereby generating significant concern about how the proposed changes will impact Fort York. Fort York is designated a National Historic Site and is currently being operated as a museum by the City under the Culture Division of the Economic Development, Culture & Tourism Department. The Fort and the surrounding area are also designated as a Heritage Conservation District under Part V of the Ontario Heritage Act, R.S.O. 1980, Chapter 337. To recognize and emphasize the importance of Fort York and its Heritage Conservation District, the Part II Plan establishes a number of urban design initiatives including: a new urban boulevard (Fort York Boulevard) to be built along the south edge of the Fort; established north-south views and physical connections; land uses, densities, orientation; and the establishment of a series of massing and building height zones. Toronto City Council 39 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Height & Built Form:
Height limits across the site have been exceeded in the current proposal. One 30-storey residential building, one 26-storey residential building with seven-storey townhouses forming a streetwall are proposed along Fort York Boulevard whereas the height limit identified in Section 4.1 of the Part II Plan is 8-storeys along Fort York Boulevard. One 38-storey residential building, one 12-storey residential building and seven-storey townhouses are proposed along Fleet Street whereas the height limit for this street frontage identified in Section 4.1 of the Part II Plan is 22-storeys. This increase in building height will have a more significant impact on the Conservation District than those heights outlined in the Part II Plan.
Further, the Part II Plan states that where there is a conflict between the allowable gross floor area and massing and height limits, the massing and height limits shall prevail. In this regard, the general principle established in the Part II Plan for building heights increasing in a southerly direction from the Fort with lower buildings established along Fort York Boulevard has not been achieved.
It should also be noted that The Fort York and Garrison Common Parks and Open Space Design and Implementation Plan, recently undertaken as a collaborative effort between the City’s Economic Development Culture & Tourism Department, Urban Development Services Department and the Friends of Fort York and Garrison Common, reconfirms the principles regarding built-form embodied in the Part II Plan. The Design and Implementation plan states that “the heights, massing and design of new buildings and other structures should be controlled to ensure their compatibility with the Fort York Heritage Conservation District and related streets, parks and open spaces.”
Conclusions:
A major goal identified under Section 2.2 of the Part II Plan requires that any redevelopment in the Bathurst/Strachan area recognize the exceptional significance of Fort York and the Heritage Conservation District. It is this Department’s view that the current development proposal does not fully demonstrate these considerations.
This Department recommends that the proposed development be revised in a manner that is more compatible and sympathetic with this National Historic site.
______
The Toronto East York Community Council also submits the following report (October 9, 2001) from the Director, Community Planning, South District:
Purpose:
That this report be received for your information. Toronto City Council 40 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendation:
It is recommended that this report be received for information.
Comments:
The applicant proposes to build a residential development consisting of two 30 storey towers on the frontage of the future Fort York Boulevard, two 38 storey towers on the Fleet Street frontage, and 26 residential townhouses on most of the remainder of the site’s perimeter. The townhouses occupy the lower two floors of four storey podium buildings. The total number of units proposed is 1568. A total of 123,220 square metres of floor area is proposed, consisting of 119,000 square metres of residential use and 4220 square metres of retail uses.
This application has been appealed to the Ontario Municipal Board for a hearing beginning November 13, 2001.
The Toronto Port Authority has raised the concern that one of the buildings proposed by this development would affect the operation of the north-south runway of the Toronto City Centre Airport. I will continue discussions with the airport and the applicant and I anticipate receiving additional information before the October 23, 2001 Community Council meeting.
Concerns have also been raised by the Friends of Fort York about how the height of some of the proposed buildings affects the fort. Discussions continue amongst staff, the applicant and the Friends about these matters.
I will be reporting directly to the October 23, 2001 Community Council meeting on this application.
Contact:
Ian Cooper, Planner Phone: 416-392-7575; Fax: 416-392-1330; e-mail: [email protected]
______
The Toronto East York Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and a copy thereof has been forwarded to Council under separate cover:
- Clause 26 of Report No. 5 of the Downtown Community Council, headed “Preliminary Report – Bathurst/Strachan Part II Official Plan, Zoning By-law and Site Plan Application – 640 Fleet Street (Trinity-Spadina, Ward 19)”, which was adopted by City Council at its meeting held on June 26, 27 and 28, 2001; Toronto City Council 41 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- (October 9, 2001) from George W. Beal, Chair, Fort York Management Board;
- (October 9, 2001) from Chair, Heritage Toronto;
- (October 15, 2001) from Co-ordinator, Garrison Creek Steering Committee;
- (October 15, 2001) from Paul Ginou, Fraser Milner Casgrain, LLP, obo Toronto Port Authority;
- (October 13, 2001) from Jay Waterman, Federation of North Toronto Residents’ Association;
- (October 16, 2001) from Catherine Nasmith, Chair, Toronto Preservation Board;
- (October 17, 2001) from Brian Anthony, Executive Director, Heritage Canada Foundation;
- (October 17, 2001) from Fred Dominelli, Dominelli Service Stations Limited;
- (October 17, 2001) from David Juliusson;
- (October 22, 2001) from Victoria A. Masnyk, President, Swansea Area Ratepayers’ Association and Swansea Area Ratepayers’ Group;
- (October 22, 2001) from Marc Kemerer, Cassels Brock & Blackwell, LLP;
- (October 22, 2001) from Michael B. Vaughan, Q.C., Barrister & Solicitor;
- (October 22, 2001) from Marjorie Mercer, Executive Director, Ontario Heritage Foundation;
- (October 23, 2001) from Tim Morawetz, Co-founder, Art Deco Society of Toronto;
- (October 22, 2001) from Stewart J. Wallace, Aylesworth Thompson Phelan O’Brien;
- (undated) from David Crombie;
- (October 23, 2001) from Nicholas Holman, Architectural Conservancy of Ontario;
- (October 23, 2001) from Elizabeth Quance, President, Niagara Neighbourhood Residents’ Association;
- maps and photographs submitted by Joe Gill, Friends of Fort York and Garrison Common;
- submission (undated) from Rollo Myers, Friends of Fort York; Toronto City Council 42 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- (October 23, 2001) from Geoffrey E. Geduld, Director, Chair Preservation Committee, the Ontario Historical Society;
- (October 22, 2001) from Ann Rowan, President, Toronto Historical Association; and
- (October 22, 2001) from Michael J. McQuaid Q.C., Weir Foulds, LLP, on behalf of St. Mary’s Cement, owner of CBM cement batching plant at Bathurst Street.
______
The following persons appeared before the Toronto East York Community Council in connection with the foregoing matter:
- Sandy Nimmo, President, 679 Tenants’ Association; - Paul Ginou, Fraser Milner Casgrain, LLP, Counsel for Toronto Port Authority; - William N. Greer, Advocacy Committee, Heritage Toronto; - George W. Beal, Chair, Fort York Management Board; - Catherine Nasmith, Toronto Preservation Board; - Elizabeth Quance, Niagara Neighbourhood Association; - Nicholas Holman, Architectural Conservancy of Ontario; - Rollo Myers, Friends of Fort York; - Joe Gill, Chair, Friends of Fort York; - Robert Allsop, Friends of Fort York; - Geoffrey Geduld, Ontario Historical Society; - Ward McBurney; - Edgar Dosman, Co-Chair, Garrison Creek Linkage project; - Michael McQuaid, Weir Foulds, LLP, on behalf of St. Marys Cement, owner of CBM cement batching plant at Bathurst Street; - Marilyn Roy, Bathurst Quay Neighbourhood Association; - Steve Diamond, McCarthy Tetrault, on behalf of the applicant; - Mark Mandelbaum; - Dalton C. Shipway, Council of Toronto Watersheds; - David Hanna; - John Adams; and - Councillor Korwin-Kuczynski.
(City Council on November 6, 7 and 8, 2001, had before it, during consideration of the foregoing Clause, the following report (November 8, 2001) from the Commissioner of Urban Development Services:
Purpose:
This report recommends approval of a revised application to amend the Official Plan and the Zoning By-law to permit a residential development of approximately 1560 units at 640 and 650 Fleet Street, east of Exhibition Place. This report addresses the elements of the application that have been revised since the October 23, 2001 Toronto East York Community Council Toronto City Council 43 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25 meeting. This report contains a complete set of recommendations to replace those of my October 19, 2001 Final Report.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that City Council:
(1) support the revised application to amend the Official Plan and Zoning By-law for 640 and 650 Fleet Street, as shown on the plans submitted by H and R Developments dated November 5, 2001;
(2) authorize the City Solicitor and other City staff, as required, to attend the Ontario Municipal Board hearing scheduled to begin November 13, 2001 and support the application;
(3) request the applicant and the City Solicitor to seek a 2 day adjournment of the hearing to permit further settlement discussions between the parties to determine if any outstanding issues can be resolved;
(4) approve the Urban Design Guidelines submitted by the applicant for this development subject to the approval by the Commissioner of Urban Development Services of any amendments required by recent amendments to the applicant’s proposal;
(5) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required;
(6) support any required amendments to the Official Plan, Zoning By-law and Section 37 Agreements to incorporate and implement the Memorandum of Understanding, substantially in the form attached as Appendix ‘A’ to this report;
(7) authorize the execution of Section 37 Agreements and any other agreements required to implement the proposed development; Toronto City Council 44 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
(8) authorize staff to take any actions required to implement approval of this development;
(9) authorize the City Solicitor to request the Ontario Municipal Board to withhold any order until a revised Section 37 Agreement and a Site Plan Agreement/Undertaking for the applicant’s site have been entered into and the form of the Official Plan and Zoning By-law amendments has been determined;
(10) authorize staff to establish an SAP account within the Department of Works and Emergency Services to receive and expend the $60,000 cost contributions for the deleted Street ‘A’ for the construction of Fort York Boulevard;
(11) authorize staff to establish an SAP account within the Department of Economic Development Culture and Tourism to receive and expend the former Link Park Levies, now called the Fort York Open Space Improvement Levies, for the development of parks in the vicinity of Fort York;
(12) authorize staff to prepare and execute revised Section 37 Agreements and other required agreements for Block 3A and 5 and for Block 7 of the Bathurst/Strachan Part II Official Plan, consistent with the Memorandum of Understanding attached as Appendix ‘A’ to this report;
(13) require the owner to contribute the full cost of implementing new transit platforms on Fleet Street at the planned intersection with fort York Boulevard, estimated to be $140,000, as a condition of Site Plan Approval;
(14) advise the owner that City staff, in consultation with Toronto Transit Commission staff, will develop an appropriate design for the new intersection of Fort York Boulevard and Fleet Street, and build the new transit platforms in conjunction with the construction of Fort York Boulevard, or as soon as possible thereafter;
(15) advise the owner that the existing agreements with the Toronto District School Board and the Toronto Separate School Board regarding land and/or financial contribution towards school facilities must be reviewed and amended as necessary as a condition to the passing of a Zoning By-law to permit development;
(16) require the owner to contribute the full cost of implementing new transit platforms on Fleet Street at the planned intersection with Fort York Boulevard, estimated to be $140,000, as a condition of Site Plan Approval;
(17) request the Commissioner of Urban Development Services to study the issue of height in the Bathurst/Strachan Area and in the Railway Land West immediately east of Bathurst Street to develop guidelines for the review of any other proposals in the area; and
(18) request the Commissioner of Urban Development Services to report back to Toronto East York Community Council on the findings of the study. Toronto City Council 45 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Background:
The applicant, H and R Developments, has appealed the Bathurst/Strachan Part II Official Plan of the former City of Toronto, the Zoning By-law and its Site Plan applications to the Ontario Municipal Board. The hearing begins November 13, 2001. I reported to the October 23, 2001 Toronto East York Community Council on H and R’s proposal for Blocks 1 and 2A of the Bathurst/Strachan area. Community Council heard deputations and recommended that the application be refused in its current form and that the applicant and objectors continue to work towards agreement (Report 8, Clause 25 Toronto East York Community Council).
Comments:
1. Process
The applicant and the Friends of Fort York have met several times since the October 23, 2001 Community Council meeting to discuss alternative solutions to developing this site. Various models have been developed by both sides and shared with each other to try to address concerns and reach agreement. Both parties engaged in meaningful dialogue with a strong desire to improve the plan. As a result of this discussion, the applicant has submitted a revised proposal which incorporates several positive changes. These changes do represent considerable progress and have produced a better plan.
2. Description of Revised Proposal
The applicant’s revised proposal, shown on Attachment 4, consists of the following:
- two 36 storey residential towers on Fleet Street;
- a 28 storey tower on Fort York Boulevard;
- 7 storey buildings on the remainder of the Fleet Street and Fort York Boulevard frontages;
- a 12 storey building at the corner of Fort York Boulevard and Fleet Street;
- a 15 storey building facing the future street on the eastern side of the site; and
- a wide pedestrian, vehicle and view corridor through the site.
The total number of units proposed is approximately 1560. A total of 123,220 square metres of floor area is proposed, consisting of 119,000 square metres of residential use and 4220 square metres of retail and recreational uses. The overall density is approximately 6.1 times the lot area. Detailed statistics are provided on the Application Data Sheet (attached). Toronto City Council 46 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
3. Differences From Previous Proposal
A comparison of the previous and revised proposal is shown on Maps 1 and 2. The fundamental change the applicant has made to the proposal is to move the tall buildings being proposed further away from Fort York to reduce the impact of their height on the fort. The site plan has been adjusted to permit this in the following ways:
(a) Previous Proposal (Attachment 2)
The Proposal reviewed in my October 19, 2001 report was as follows:
- A wide, publicly accessible corridor and pedestrian and vehicle access replacing the north – south street in the centre of the proposed development.
- Continuous street frontage of 7 storeys on Fort York Boulevard.
- Buildings on Fleet Street terraced from the entrance to the project at 8, 10 and 12 storeys.
- Two towers of 26 and 30 storeys on Fort York Boulevard.
- One 38 storey tower north of Fleet Street on the southeast portion of the site.
- One large landscaped courtyard in the middle.
(b) Revised Proposal (Attachment 4)
- The wide, publicly accessible north-south view corridor and pedestrian and vehicle access has been shifted to the east.
- The three towers of the project have been relocated and their heights adjusted.
- There is one 28 storey tower on Fort York Boulevard instead of two towers of 26 and 30 storeys.
- The Fort York Boulevard tower is now approximately 190 metres from Fort York compared to approximately 130 metres in the previous proposal.
- There are 2 towers of 36 storeys on Fleet Street. The 38 storey building on the southeast portion of the applicant’s site has been shifted south to Fleet Street from its previous location north of a 12 storey building element.
- The streetwall buildings and podium elements of the apartment towers on Fort York Boulevard and Fleet Street are now 7 storeys, instead of 7, 8, 10 and 12 storeys in height. Toronto City Council 47 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- The streetwall building on the east side of the applicant’s site is now 15 storeys in height, instead of 3 storeys.
My Final Report of October 19, 2001 addresses technical issues, contains a detailed site description and identifies what further review by staff will be required when a complete set of drawings and studies is received. These issues have not changed because of the recent revisions to the proposal.
4. Assessment of Revisions
The applicant has revised its plan to address some of the concerns raised about its previous scheme. In summary, the changes are as follows:
The tallest building elements have been moved south and west to be further away from Fort York. They are now on the Fleet Street frontage and on Fort York between 180 and 190 metres from the fort. This is as far away from Fort York as it is possible to make them without impinging on the height restrictions created by the airport flight path. In the previous scheme, the closest tower to the fort was approximately 130 metres away from the closest point of the fort. This change reduces the visual impact of the taller building elements on the fort.
The parts of the revised proposal closest to Fort York now conform to the height limits for the site shown in the Part II Plan. The 7 storey streetwall on Fort York Boulevard is within the 8 storey limit and the 15 storeys on the eastern side of the site are at the Part II Plan height limit. No amendments to the height limits are needed for any part of the applicant’s proposal within 180 metres of Fort York.
The proposal has retained the improvements to the Part II Plan built form, the views through the site, the open space in the centre of the site and the enhanced living conditions for future residents that I described in my earlier report.
It is my view that the applicant’s most recent proposed amendments to the Part II Plan and Zoning By-law should be supported.
The applicant had previously amended the proposal to address the runway flight path concerns of the Toronto City Centre Airport. The revised proposal continues to satisfy the airport’s concern because it proposes building heights less than the maximum permitted in the airport’s flight path “transition zone”.
5. Outstanding Issues of the Friends of Fort York
Despite the discussions between the applicant and the Friends of Fort York and some narrowing of the issues, there is no consensus between them. I understand that some of the key outstanding issues include:
- the appropriate proportions between tower elements and base buildings; Toronto City Council 48 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- the number and location of taller building elements;
- the relative merits of a public street vs. a publicly accessible landscaped area in the middle of the site; and
- the appropriate relationship between building height and open space on the site.
6. Opportunity for Further Dialogue
The revised proposal might still be amended further if an opportunity was provided for both parties to continue their dialogue during the coming week. Discussion should focus on building height and the relationship of the base streetwall buildings to the towers.
It would therefore by extremely useful to obtain a short (2-day) adjournment of the hearing to permit further settlement discussions between the applicant and the Friends of Fort York to determine if any of these outstanding issues can be further narrowed or settled. The applicant has agreed to join the City in requesting a 2-day adjournment to facilitate these discussions.
7. Bathurst-Strachan
The applicant’s site differs from other sites in Bathurst/Strachan in the following ways:
- It is the only site surrounded by park and/or wide landscaped boulevards.
- It is the only site which has access to both Fleet Street and Fort York Boulevard; it has long frontages along both streets.
- It is the only site where a north-south through block connection can be made on a site in single ownership.
- The site is large enough that it is possible to create high residential densities while leaving the centre for a significant open space.
- It is the most westerly site of the downtown/Waterfront area where high density development is permitted and thus offers a landmark or gateway opportunity.
- Of all the sites on Fort York Boulevard, it is furthest from Fort York and buildings can be taller without shadowing the fort.
Concern has been raised that, despite the 180 metre separation between the fort and the towers created by the revised proposal, the repetition of the tower form of this development across the rest of the Bathurst/Strachan area could create a tall wall of buildings between Fort York and the waterfront. The amendments that were made to the Railway Lands Plan when heights were increased controlled the spacing, height and number of taller towers for the entire area. I am recommending that a similar review of the Bathurst/Strachan Part II Official Plan be conducted to develop guidelines for the review of any other proposals for increased heights in Bathurst/Strachan. Toronto City Council 49 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
8. Operation and Future Development Potential of St. Mary’s Cement Lands
St. Mary’s Cement has raised the concern that the applicant’s residential development would be incompatible with their concrete batching operation because of the noise and dust inherent in such an operation. The Part II Plan anticipates the noise and air quality issues. As a condition of site plan approval, applicants in Bathurst/Strachan are required to prepare air quality studies and noise studies to the satisfaction of the relevant City officials to identify potential problems and remedies.
The concrete plant is a legal non-conforming use. Council’s policy as expressed in Section 4.5.1 of the Part II Plan, passed in 1995, is to encourage and assist St. Mary’s Cement to relocate, consistent with the Plan’s objective of transforming this area to a residential area. H & R’s land has been zoned to permit residential uses since 1996, subject to site plan review, and the applicant would have a right to a building permit for a residential development at the overall density currently proposed, but within the Part II height regime.
The applicant’s revised proposal has significantly re-configured the proposed development in the area adjacent to the land owned and operated by St. Mary’s Cement at the northeast corner of the applicant’s site. In the previous proposal, the 26 storey apartment tower immediately adjacent to the St. Mary’s land would have greatly restricted the development potential of this site. In the revised proposal, the St. Mary’s site could easily be developed to the full 8 storey height limit permitted by the Part II Plan and by the 24 metre height limit permitted by the Bathurst/Strachan Zoning By-law.
9. Site Plan Control
The applicant has not submitted revised detailed site plan drawings and studies to reflect the most recent revisions to the design. I am recommending that the City Solicitor present the conditions required for Site Plan Approval to the Ontario Municipal Board and ask the Board to withhold its Order until a Site Plan Agreement/Undertaking has been approved and signed.
Conclusions:
I am recommending that City Council request the City Solicitor and staff to attend the November 13, 2001 Ontario Municipal Board Hearing in support of the revised project as proposed, but that a 2-day adjournment be requested to permit further discussions to resolve or narrow outstanding issues.
In this report, I have re-stated the recommendations of my October 19, 2001 report that staff be authorized to prepare and execute revised Section 37 Agreements and other required agreements for all the Blocks of the former Molson Lands, consistent with the Memorandum of Understanding attached as Appendix ‘A’ to this report.
I am also recommending that staff undertake further work to review the Bathurst/Strachan Part II Official Plan and develop guidelines for the assessment of any other proposals for increased heights in the area. Toronto City Council 50 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Contact:
Ian Cooper, Waterfront Section Phone: 416-392-7572; Fax: 416-392-1330; e-mail: [email protected]
Appendix ‘A’:
Memorandum of Understanding (October 5, 2001)
A. View Corridor
1. H & R will acquire Parts 8 and 9 on Plan 64R-16736 and convey those lands in escrow to the City upon execution of the Section 37 Agreement for the development of Blocks 1A and 2A. Part 8 is currently registered in the name of the building owner and consent to convey is required. Molson has the right to call for the conveyance. Part 9 is currently registered in the name of a Molson company, consent to convey having previously been obtained, and a transfer has been delivered in escrow to Borden & Elliott as escrow agent. The prior escrow shall be released, Parts 8 & 9 conveyed to an H & R company which will deliver a conveyance therefor to the escrow agent.
2. No structures shall be constructed on those lands prior to conveyance to the City.
3. Upon the City requiring the lands, or a portion thereof, for road purposes, the H & R company will decommission the lands to appropriate standards at their expense, and the lands will be released from escrow to be conveyed to the City free and clear of any encumbrances (title or physical) including any foundations of buildings.
4. H & R to pay for a consultant acceptable to the City (acting reasonably) to do a report and provide an initial estimate for decommissioning costs.
5. To ensure funds are available for decommissioning the lands, security for a sufficient amount, as determined by the Commissioner of Works and Emergency Services, will be required upon the earlier of: a) issuance of the first building permit in respect of development on Block 2A, and, b) the City providing at least 3 month's written notice that it shall within the next following 9 months commence construction of the road. If H & R shall fail to provide the security, the City may require H & R to allow no further occupancy of any buildings on Blocks 1A or 2A, and refuse to process any further building permit with respect to Blocks 1A or 2A or any portion thereof during the period of such default.
6. If City Council authorizes it, and the City commences construction of a new street on Parts 8 and 9 at its expense; the City reserves the right to receive from H & R, prior to construction of the new street, the funds that would have been expended by H & R to construct Street B to be used for the City’s construction of the new street. Toronto City Council 51 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
7. Nothing herein relieves H & R of the obligation to post security and construct Street B (Part 9) prior to the issuance of the first Building Permit for the development of the east ½ of Block 2A (see Section B – Streets A to F below). Provided however that if H & R expends funds on the construction of Street B, any funds expended shall be credited towards H & R's liability under paragraph A.6.
8. Blocks 1A, 2A and 7 will still be entitled to an exemption from the S. 42 parks dedication (now found in section 2.2 of the Blocks 1A, 2A and 7 S. 37 Agreements).
9. Blocks 3A and 5 will not be required to convey Part 15 on Plan 64R-16736 to the City, but those blocks, when they develop, will be subject to the S. 42 parks dedication. Arrangements will be made to release Part 15 from existing escrow transfers. Decommissioning obligations concerning Part 15 will remain in place.
10. All per unit levies, including the parks levies (being the Link Park Levies of $239.00 per unit, indexed since May 1996 and the General Park Levies of $153.00 per unit, indexed in the same manner) are still payable (indexed since May 1996) pursuant to the current S. 37 provisions, but the Link Park Levies will be entitled “Fort York Open Space Improvements Levies” and will be used to improve the parks in the Fort York area. These levies will be paid into a fund entitled the Fort York Open Space Improvements Fund.
B. Streets A to F
1. Comments
The construction and financial responsibility for particular streets is assigned to particular Blocks. In addition, the first builder needing a street will build it regardless of whether that builder has been assigned that street.
Each by-law and agreement will contain the same clause found in the existing “Master Agreement” and Zoning By-law which require the owner to post a letter of credit in an amount sufficient to permit the City to build the street, prior to the issuance of the first Building Permit for each associated development Block with completion of construction prior to any occupancy on the Block (See Clause 6(16) of By-law 1996-0245). The By-law and agreement for each Block will stand independently as their own smaller “Master Agreements”.
The reimbursement mechanism for building another Block’s street will be by agreement among the owners. The Section 37 Agreements may contain provisions to secure a reimbursement mechanism provided it places no obligation on the City.
2. Agreement Outline
What: Decommissioning, construction and conveyance of local streets Toronto City Council 52 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Who: Street ‘A’ - the City will not require that Street A be constructed and conveyed to the City as is now required in the Section 37 Agreement; Street ‘B’ – east ½ of Block 2A; Street ‘C’ – west ½ of Block 3A; Street ‘D’ – east ½ of Block 3A or west ½ of Block 5; Street ‘E’ – east ½ of Block 5 or Block 7; and The southern half of Street ‘F’ - Block 5
Note: similar to provisions in Section 7.5 of the existing Master Agreement
Note: First builder needing local street to serve development builds street
Trigger: issuance of first Building Permit for associated development Block as per outline in “Who” above
Security: letter of credit in an amount sufficient to permit construction of the street, AND
City may refuse occupancy permits for non-completion of streets.
3. Special Provisions re Street ‘C’
Street ‘C’ is unlikely to be constructed as part of a future redevelopment of Block 3A. The existing obligations concerning decommissioning and street construction will remain in place pending a future redevelopment plan.
C. Fort York Boulevard
1. Comment
The wording of the Molson Lands responsibility for Fort York Boulevard as per Section 8 is unchanged but issues remain as to its interpretation.
2. Land Exchange
a. H & R will decommission to the appropriate standard and then convey Part 8 on Fort York Conveyance Plan (J. D. BARNES plan 93-21-217-26) to the City for nominal amount and at their expense (if not already done by the time S. 37 Agreement is executed);
b. the City will not require that Street A be constructed and conveyed to the City as is now required in the Section 37 Agreement;
c. prior to the issuance of the first building permit pertaining to the development of Blocks 1A or 2A, H & R will pay $60,000.00 to the City in lieu of the requirement to construct Street A, with those funds to be used by the City towards construction of Fort York Boulevard. Toronto City Council 53 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
3. Agreement Outline – H & R
What: Payment of Fort York Boulevard cost share
Who: owners of Blocks 1A - 22%, 2A - 25% (therefore combined Block 1A and 2A – 47%) and Block 7 – 13%
Trigger: issuance of building permits for residential development respecting 1/3 of the land area of each Block
Security: letter of credit for full amount owing to secure the payment due upon issuance of Building Permits for residential development beyond 1/3 of land in each Block
4. Agreement Outline – Markley Sterns Partners – Payment if Residential Development does not go forward
What: Indexed 10% annual payment of Fort York Boulevard cost share for Block 3A and 5 (40% of total Molson Lands share)
Who: owner of Blocks 3A and 5
Trigger: first 1/10 installment due on later of the first anniversary of execution of revised agreements or substantial completion of Fort York Boulevard from Fleet Street to Bathurst Street
Security: letter of credit for full amount, upon execution of revised agreements, to secure the 10 annual installments, cashable by the City in 10 installments as per the trigger
Alternatively: Payment if Residential Development goes forward before completion of installment payments
What: Balance of Block 3A and 5 share of Molson lands Fort York Boulevard cost
Who: owner of Block 3A and 5
Trigger: first Building Permit issued
Security: indexed letter of credit, balance owing is cashable by City on issuance of permits for residential development beyond 1/3 of land in Block 3A and 5
Note: All cost figures are as of the date of the original agreements, May 1996 and are indexed from then. Toronto City Council 54 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
D. Molson-Bremner Lands and Northwest Park Lands
The obligations pertaining to remediation and conveyance of these lands are dealt with in the current Master Section 37 Agreement and those provisions will continue to govern.
E. Section 37 Agreements and By-laws
1. The existing Section 37 Master Agreement and all associated Section 37 Agreements will be terminated.
2. Existing Zoning By-laws for each of the Blocks will be repealed and new Zoning By-laws will be drafted by the City.
3. Three new Section 37 Agreements will be drafted. One such agreement will deal with Blocks 1A and 2A, a second agreement will deal with Blocks 3A and 5 and the third agreement will deal with Block 7. Toronto City Council 55 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 1 Potential Massing – Bathurst Part II Plan 640 Fleet Street Toronto City Council 56 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 2 Previous Proposal – Site Plan 640 Fleet Street Toronto City Council 57 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 3 Previous Proposal – South Elevation 640 Fleet Street Toronto City Council 58 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 4 Revised Proposal – Site Plan 640 Fleet Street Toronto City Council 59 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 5 Revised Proposal – South Elevation 640 Fleet Street Toronto City Council 60 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
Attachment 6
APPLICATION DATA SHEET
Combination Site Plan Approval: Yes File Number: 101012 and 301053 Rezoning: Yes Application Number: TE CMB 2001 0006 O.P.A.: Yes Application Date: 04/27/2001 and 08/23/2001 Municipal Address: 640 and 650 Fleet Street Nearest Intersection: Fleet - Strachan Project Description: Residential and grade related retail Applicant: Agent: Architect: Owner: MacCarthy Tetrault Page and Steele 640 Fleet Street Box 48, Ste. 4700 Developments Limited TD Bank Tower 3625 Dufferin Street Toronto ON Toronto ON M5K 1E6 M3K 1H4 PLANNING CONTROLS (For verification refer to Chief Building Official) Official Plan Designation: Res., Ind. Site Specific Provision: Zoning District: R4, IC Historical Status: No Height Limit (m): various to 69m Site Plan Control Area: Yes PROJECT INFORMATION Site Area: 20064 Height: Storeys: 2, 7, 12, 15, 28, 36 Frontage: 199.28 Metres: various to maximum of 109 Depth: varies Indoor Outdoor Ground Floor GFA: 8900 Parking Spaces: 1322 0 Residential GFA: 119000 Loading Docks: 4 2 Non-Residential GFA: 4220 Total GFA: 123220 DWELLING UNITS FLOOR AREA BREAKDOWN Tenure Type: Condominium Above Grade Rooms: 0 Residential GFA: 119000 Bachelor: 120 Retail GFA: 1750 1 Bedroom: 872 Office GFA: 0 2 Bedroom: 550 Industrial GFA: 0 3+ Bedroom: 26 Industrial/Other GFA: 2470 Total Units: 1660 approx. Total Proposed Density: 6.14 Toronto City Council 61 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
COMMENTS Current Status: Open Latest Event Actual Date Suppl. Submission 11/05/2001 Suppl. Submission 06/07/2001 Suppl. Submission 05/14/2001 Received 04/27/2001 Data Valid: June 7, 2001 Planner: Cooper, Ian Phone: (416) 392-7572 Area: District - C Planning Office: Toronto - South [TE].)
(City Council also had before it, during consideration of the foregoing Clause, the following communication (October 31, 2001) from the City Clerk:
Attached are submissions received by the City Clerk respecting the foregoing matter:
- (October 9, 2001) from George W. Beal, Chair, Fort York Management Board;
- (October 9, 2001) from Chair, Heritage Toronto;
- (October 15, 2001) from Co-ordinator, Garrison Creek Steering Committee;
- (October 15, 2001) from Paul Ginou, Fraser Milner Casgrain, LLP, obo Toronto Port Authority;
- (October 13, 2001) from Jay Waterman, Federation of North Toronto Residents’ Association;
- (October 16, 2001) from Catherine Nasmith, Chair, Toronto Preservation Board;
(October 17, 2001) from Brian Anthony, Executive Director, Heritage Canada Foundation;
- (October 17, 2001) from Fred Dominelli, Dominelli Service Stations Limited;
- (October 17, 2001) from David Juliusson;
- (October 22, 2001) from Victoria A. Masnyk, President, Swansea Area Ratepayers’ Association and Swansea Area Ratepayers’ Group;
- (October 22, 2001) from Marc Kemerer, Cassels Brock & Blackwell, LLP;
- (October 22, 2001) from Michael B. Vaughan, Q.C., Barrister & Solicitor;
- (October 22, 2001) from Marjorie Mercer, Executive Director, Ontario Heritage Foundation;
- (October 23, 2001) from Tim Morawetz, Co-founder, Art Deco Society of Toronto; Toronto City Council 62 Toronto East York Community Council November 6, 7 and 8, 2001 Report No. 8, Clause No. 25
- (October 22, 2001) from Stewart J. Wallace, Aylesworth Thompson Phelan O’Brien;
- (undated) from David Crombie;
- (October 23, 2001) from Nicholas Holman, Architectural Conservancy of Ontario;
- (October 23, 2001) from Elizabeth Quance, President, Niagara Neighbourhood Residents’ Association;
- maps and photographs submitted by Joe Gill, Friends of Fort York and Garrison Common;
- submission (undated) from Rollo Myers, Friends of Fort York;
- (October 23, 2001) from Geoffrey E. Geduld, Director, Chair Preservation Committee, the Ontario Historical Society;
- (October 22, 2001) from Ann Rowan, President, Toronto Historical Association; and
- (October 22, 2001) from Michael J. McQuaid Q.C., Weir Foulds, LLP, on behalf of St. Mary’s Cement, owner of CBM cement batching plant at Bathurst Street.)
(City Council also had before it, during consideration of the foregoing Clause, a communication (October 26, 2001) from Mr. Paul P. Ginou, Fraser Milner Casgrain forwarding a drawing indicating the location of the flight path for Runway 15/33 of the Toronto City Centre Airport in the vicinity of the proposed development at 640-650 Fleet Street.)
(City Council also had before it, during consideration of the foregoing Clause, a communication (October 29, 2001) from Mr. Nicholas Holman forwarding comments with respect to the Bathurst/Strachan Part II Official Plan and Zoning By-law Amendments and Site Plan Approval for 640 and 650 Fleet Street.)
(City Council also had before it, during consideration of the foregoing Clause, a communication (November 7, 2001) from Mr. Stephen Diamond, McCarthy Tetrault LLP forwarding comments with respect to the Bathurst/Strachan Part II Official Plan and Zoning By-law Amendments and Site Plan Approval for 640 and 650 Fleet Street.)