Item - 2012.TE17.18
Tracking Status
- City Council adopted this item on July 11, 2012 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on June 13, 2012 and was adopted with amendments. It will be considered by City Council on July 11, 2012.
TE17.18 - Request for Direction Report - 42 Charles Street East and 39 Hayden Street - Zoning By-law Amendment
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 27 - Toronto Centre-Rosedale
City Council Decision
City Council on July 11, 12 and 13, 2012, adopted the following:
1. City Council does not support proposed zoning application (42 Charles Street East and 39 Hayden Street - File #11 194814 STE 27 OZ) as submitted.
2. City Council support the application subject to the following revisions to the plans as submitted by the applicant dated December 20, 2011 and subject to the conditions outlined in this Council decision:
i. The proposal shall have a maximum height of 174 metres (excluding rooftop mechanical).
ii. That the tower be moved 1.5 metres further south to provide:
a. a minimum 1.5 metre setback to the balcony face from the north-east "notched" property line; and
b. a reduced stepback from the south podium face to the tower face.
iii. Provide a minimum 10 metres side yard setback from the east and west property lines to the tower face. If balconies are contemplated then the owner is required to provide translucent balcony glass railing to maintain privacy between buildings.
iv. Provide a minimum 894 sq.m. indoor and 894 sq.m. outdoor amenity area to comply with the existing zoning standards.
v. Provide a minimum of 6 visitor parking spaces.
3. City Council require the applicant to provide the facilities, services and matters pursuant to Section 37 of the Planning Act, to the amount of $4,000,000 as described in the report (May 24, 2012) from the Director, Community Planning, Toronto and East York District, as follows:
Prior to the issuance of above grade permits provide a cash contribution of $4,000,000 which is to be used for the following:
a. $200,000 to be directed to local park improvements;
b. $3,800,000 for streetscape improvements on Charles Street East and Hayden Street from Yonge Street to Church Street not abutting the site; and
c. require that the cash amounts identified in "a" and "b" above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.
4. City Council require the applicant to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with (a) the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services; and (b) the Transportation Study, to the satisfaction of the General Manager of Transportation Services, should it be determined that improvements to such infrastructure are required to support this development.
5. City Council authorize the City Solicitor to represent the recommendations outlined in this report at the Ontario Municipal Board at the hearing to be scheduled relating to the appeal of this development proposal.
6. City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-47933.pdf
TE17.18 - Request for Direction Report - 42 Charles Street East and 39 Hayden Street - Zoning By-law Amendment
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 27 - Toronto Centre-Rosedale
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council does not support proposed zoning application (42 Charles Street East and 39 Hayden Street - File #11 194814 STE 27 OZ) as submitted.
2. City Council support the application subject to the following revisions to the plans as submitted by the applicant dated December 20, 2011 and subject to the conditions outlined in these recommendations:
i. The proposal shall have a maximum height of 174 metres (excluding rooftop mechanical).
ii. That the tower be moved 1.5 metres further south to provide:
a. a minimum 1.5 metre setback to the balcony face from the north-east "notched" property line; and
b. a reduced stepback from the south podium face to the tower face.
iii. Provide a minimum 10 metres side yard setback from the east and west property lines to the tower face. If balconies are contemplated then the owner is required to provide translucent balcony glass railing to maintain privacy between buildings.
iv. Provide a minimum 894 sq.m. indoor and 894 sq.m. outdoor amenity area to comply with the existing zoning standards.
v. Provide a minimum of 6 visitor parking spaces.
3. City Council require the applicant to provide the facilities, services and matters pursuant to Section 37 of the Planning Act, to the amount of $4,000,000 as described in the report (May 24, 2012) from the Director, Community Planning, Toronto and East York District, as follows:
Prior to the issuance of above grade permits provide a cash contribution of $4,000,000 which is to be used for the following:
a. $200,000 to be directed to local park improvements;
b. $3,800,000 for streetscape improvements on Charles Street East and Hayden Street from Yonge Street to Church Street not abutting the site; and
c. require that the cash amounts identified in "a" and "b" above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.
4. City Council require the applicant to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with (a) the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services; and (b) the Transportation Study, to the satisfaction of the General Manager of Transportation Services, should it be determined that improvements to such infrastructure are required to support this development.
5. City Council authorize the City Solicitor to represent the recommendations outlined in this report at the Ontario Municipal Board at the hearing to be scheduled relating to the appeal of this development proposal.
6. City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement the foregoing.
Origin
Summary
The applicant has appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. A pre-hearing has been tentatively scheduled for July 26, 2012. The purpose of this report is to seek City Council's direction with respect to the position of the City at the Ontario Municipal Board hearing.
This application proposes to redevelop the site with one 56-storey tower (174 metres excluding mechanical penthouse) containing 447 residential condominium units. Pedestrian access is to be provided from both Hayden Street and Charles Street East. There would be six levels of below grade parking with access from a two way lane from Charles Street East on the west side of the site.
The proposal represents over-development of the site. The proposed building creates issues regarding lack of indoor and outdoor amenity space, lack of visitor parking and overlook and privacy concerns for the existing development to the west and any future development to the east. The approval of the project as proposed would negatively impact the planned context of the area thereby impacting future development in a manner that is inconsistent with the policies of the Official Plan and does not implement Council approved guidelines such as the Design Criteria for the Review of Tall Building Proposals.
This report reviews and recommends refusal of the project unless it is revised and is subject to conditions detailed in the recommendations and staff report, in the event that a settlement may be reached with the applicant. If no settlement is possible, this report also seeks City Council's direction with respect to the appeal before the Ontario Municipal Board.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-47933.pdf
Speakers
Paul Farrelly, Church Wellesley Neighbourhood Association
Motions
That the Toronto and East York Community Council adopt the recommendations in the report (May 24, 2012) from the Director, Community Planning, Toronto and East York District, subject to:
A. Deleting Recommendation 2.iii. and replacing it with the following:
"iii. Provide a minimum 10 metres side yard setback from the east and west property lines to the tower face. If balconies are contemplated then the owner is required to provide translucent balcony glass railing to maintain privacy between buildings."
B. Deleting Recommendation 3 and replacing it with the following:
"3. City Council require the applicant to provide the facilities, services and matters pursuant to Section 37 of the Planning Act, to the amount of $4,000,000 as described in the report (May 24, 2012) from the Director, Community Planning, Toronto and East York District, as follows:
Prior to the issuance of above grade permits provide a cash contribution of $4,000,000 which is to be used for the following:
a. $200,000 to be directed to local park improvements;
b. $3,800,000 for streetscape improvements on Charles Street East and Hayden Street from Yonge Street to Church Street not abutting the site; and
c. require that the cash amounts identified in "a" and "b" above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment."