Item - 2013.TE22.6
Tracking Status
- City Council adopted this item on March 21, 2013 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on February 26, 2013 and was adopted with amendments. It will be considered by City Council on March 21, 2013.
TE22.6 - 197, 197R, 199 and 201 Yonge Street - Official Plan Amendment and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 27 - Toronto Centre-Rosedale
City Council Decision
City Council on March 21, 2013, adopted the following:
1. City Council authorize the City Clerk to provide notice of a statutory public meeting for the property municipally known as 197 to 201 Yonge Street (the Site) as well as the property municipally known as 15 Shuter Street, 178 and 180 Victoria (the Existing Massey Hall Lands) to be scheduled for the May 14, 2013 meeting of the Toronto and East York Community Council, as per the requirements of the Planning Act.
2. City Council direct the Chief Planner and Executive Director, City Planning to submit to the May 14, 2013 meeting of the Toronto and East York Community Council a further report for the Site and the Existing Massey Hall Lands, which includes draft implementing Official Plan and Zoning By-law Amendments in a form which provides for:
a. the development of the Site (the Development), substantially as proposed by the Owner of the Site based on the most recent site plan submitted, dated November 8, 2012; and
b. the development substantially as proposed by Massey Hall based on its site plan application filed with the City on October 2, 2013 (the "Massey Hall Development"), which requires amendments to the Zoning By-law to accommodate relief for matters including but not limited to density, parking, setbacks and loading;
together with appropriate recommendations, and including requiring the owner of the Site to enter into and register a Section 37 Agreement to the satisfaction of the City Solicitor, the Chief Planner and the Manager, Heritage Preservation Services, the details of which shall be confirmed by the owner prior to the issuance of the statutory public meeting notice and including but not limited to the following:
i. an indexed payment to the City for streetscape improvements for St. Enoch's Lane, Shuter Street and Victoria Street;
ii. provide, prior to the issuance of the first above grade building permit, a public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost, of all buildings and structures on the lands to be paid at time of first building permit;
iii. that the owner of the Site, at their cost, convey the rear approximately 449.6 sq.m. portion of the Site directly adjacent to Massey Hall at nominal cost to the owner of Massey Hall being The Corporation of Massey Hall and Roy Thomson Hall ("Massey"), a not-for-profit charitable organization, together with appropriate easements and rights to build in a timely fashion to Massey Hall;
iv. securing of appropriate related heritage matters to the satisfaction of the Manager, Heritage Preservation Services;
v. that the owner of the Site enter into and register a Three Party Agreement on title to the Site and the Massey Hall lands, with the City and the owner of the Massey Hall lands, to secure amongst other matters, the conveyance and easement(s) to Massey Hall; to ensure the limited purpose of such conveyance and easements; a Construction Phasing Plan which provides for the construction of the owner's Development and the Massey Hall Development, and to require a Heritage Easement Agreement be entered into by the owner of Massey Hall with the City;
vi. appropriate Letters of Credit to secure matters; and
vii. such other matters as may be recommended in the further report requested.
3. City Council direct that a minimum of 131 parking spaces be provided and maintained on the site for residents and no spaces be provided for visitors at the property municipally known as 197 to 201 Yonge Street.
4. City Council direct that a minimum of 308 bicycle parking spaces for use by occupants shall be provided and maintained on the lot for the use of residents of the lot.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-56135.pdf
Communications (Community Council)
(February 25, 2013) E-mail from Kevin Allis (TE.Supp.TE22.6.2)
(February 26, 2013) E-mail from Rami Kozman (TE.Supp.TE22.6.3)
(February 26, 2013) E-mail from Albert Caires (TE.Supp.TE22.6.4)
TE22.6 - 197, 197R, 199 and 201 Yonge Street - Official Plan Amendment and Zoning Amendment Applications
- 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 authorize the City Clerk to provide notice of a statutory public meeting for the property municipally known as 197 to 201 Yonge Street (the Site) as well as the property municipally known as 15 Shuter Street, 178 and 180 Victoria (the Existing Massey Hall Lands) to be scheduled for the May 14, 2013 meeting of the Toronto and East York Community Council, as per the requirements of the Planning Act.
2. City Council direct the Chief Planner and Executive Director, City Planning to submit to the May 14, 2013 meeting of the Toronto and East York Community Council a further report for the Site and the Existing Massey Hall Lands, which includes draft implementing Official Plan and Zoning By-law Amendments in a form which provides for:
a. the development of the Site (the Development), substantially as proposed by the Owner of the Site based on the most recent site plan submitted, dated November 8, 2012; and
b. the development substantially as proposed by Massey Hall based on its site plan application filed with the City on October 2, 2013 (the "Massey Hall Development"), which requires amendments to the Zoning By-law to accommodate relief for matters including but not limited to density, parking, setbacks and loading;
together with appropriate recommendations, and including requiring the owner of the Site to enter into and register a Section 37 Agreement to the satisfaction of the City Solicitor, the Chief Planner and the Manager, Heritage Preservation Services, the details of which shall be confirmed by the owner prior to the issuance of the statutory public meeting notice and including but not limited to the following:
i. an indexed payment to the City for streetscape improvements for St. Enoch's Lane, Shuter Street and Victoria Street;
ii. provide, prior to the issuance of the first above grade building permit, a public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost, of all buildings and structures on the lands to be paid at time of first building permit;
iii. that the owner of the Site, at their cost, convey the rear approximately 449.6 sq.m. portion of the Site directly adjacent to Massey Hall at nominal cost to the owner of Massey Hall being The Corporation of Massey Hall and Roy Thomson Hall ("Massey"), a not-for-profit charitable organization, together with appropriate easements and rights to build in a timely fashion to Massey Hall;
iv. securing of appropriate related heritage matters to the satisfaction of the Manager, Heritage Preservation Services;
v. that the owner of the Site enter into and register a Three Party Agreement on title to the Site and the Massey Hall lands, with the City and the owner of the Massey Hall lands, to secure amongst other matters, the conveyance and easement(s) to Massey Hall; to ensure the limited purpose of such conveyance and easements; a Construction Phasing Plan which provides for the construction of the owner's Development and the Massey Hall Development, and to require a Heritage Easement Agreement be entered into by the owner of Massey Hall with the City;
vi. appropriate Letters of Credit to secure matters; and
vii. such other matters as may be recommended in the further report requested.
3. City Council direct that a minimum of 131 parking spaces be provided and maintained on the site for residents and no spaces be provided for visitors at the property municipally known as 197 to 201 Yonge Street.
4. City Council direct that a minimum of 308 bicycle parking spaces for use by occupants shall be provided and maintained on the lot for the use of residents of the lot.
Origin
Summary
This application proposes to redevelop the lands at 197 Yonge Street and adjoining properties for the purposes of a mixed use building and to retain the front portion of the existing heritage structure. Included in the proposal is a 60-storey (207 metre) residential tower to the rear of the heritage building. The heritage property is designated under Part IV of the Ontario Heritage Act and is protected by a Heritage Easement Agreement. The proposed base is 9 storeys and contains the lobby within the heritage building, above grade parking, amenity uses and retail uses.
Although the proposal strives to achieve the long term revitalization objectives for the Theatre Block, the development as proposed undermines the policies of the Official Plan as they relate to Built Form and development within Mixed Use Areas. The proposed building does not provide separation to the adjacent structure to the south creating an unsupportable adjacency issue, is deficient in vehicular and bicycle parking and represents over-development of the site.
The approval of the proposed project 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 applications to amend the Official Plan and Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-56135.pdf
Communications
(February 25, 2013) E-mail from Kevin Allis (TE.Supp.TE22.6.2)
(February 26, 2013) E-mail from Rami Kozman (TE.Supp.TE22.6.3)
(February 26, 2013) E-mail from Albert Caires (TE.Supp.TE22.6.4)
Speakers
Craig White, urbantoronto.ca
Cynthia MacDougall, McCarthy Tetrault LLP
Motions
That the Toronto and East York Community Council recommend that City Council adopt the recommendations in the report (February 5, 2013) from the Director, Community Planning, Toronto and East York District, subject to deleting Recommendations 1 and 2 in the report and replacing them with the following:
"1. City Council authorize the City Clerk to provide notice of a statutory public meeting for the property municipally known as 197 to 201 Yonge Street (the Site) as well as the property municipally known as 15 Shuter Street, 178 and 180 Victoria (the Existing Massey Hall Lands) to be scheduled for the May 14, 2013 meeting of the Toronto and East York Community Council, as per the requirements of the Planning Act.
2. City Council direct the Chief Planner and Executive Director, City Planning to submit to the May 14, 2013 meeting of the Toronto and East York Community Council a further report for the Site and the Existing Massey Hall Lands, which includes draft implementing Official Plan and Zoning By-law Amendments in a form which provides for:
a. the development of the Site (the Development), substantially as proposed by the Owner of the Site based on the most recent site plan submitted, dated November 8, 2012; and
b. the development substantially as proposed by Massey Hall based on its site plan application filed with the City on October 2, 2013 (the "Massey Hall Development"), which requires amendments to the Zoning By-law to accommodate relief for matters including but not limited to density, parking, setbacks and loading;
together with appropriate recommendations, and including requiring the owner of the Site to enter into and register a Section 37 Agreement to the satisfaction of the City Solicitor, the Chief Planner and the Manager, Heritage Preservation Services the details of which shall be confirmed by the owner prior to the issuance of the statutory public meeting notice and including but not limited to the following:
i. an indexed payment to the City for streetscape improvements for St. Enoch's Lane, Shuter Street and Victoria Street;
ii. provide, prior to the issuance of the first above grade building permit, a public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost, of all buildings and structures on the lands to be paid at time of first building permit;
iii. that the owner of the Site, at their cost, convey the rear approximately 449.6 sq.m. portion of the Site directly adjacent to Massey Hall at nominal cost to the owner of Massey Hall being The Corporation of Massey Hall and Roy Thomson Hall ("Massey"), a not-for-profit charitable organization, together with appropriate easements and rights to build in a timely fashion to Massey Hall;
iv. securing of appropriate related heritage matters to the satisfaction of the Manager, Heritage Preservation Services;
v. that the owner of the Site enter into and register a Three Party Agreement on title to the Site and the Massey Hall lands, with the City and the owner of the Massey Hall lands, to secure amongst other matters, the conveyance and easement(s) to Massey Hall; to ensure the limited purpose of such conveyance and easements; a Construction Phasing Plan which provides for the construction of the owner's Development and the Massey Hall Development, and to require a Heritage Easement Agreement be entered into by the owner of Massey Hall with the City;
vi. appropriate Letters of Credit to secure matters; and
vii. such other matters as may be recommended in the further report requested.
3. City Council direct that a minimum of 131 parking spaces be provided and maintained on the site for residents and no spaces be provided for visitors property municipally known as 197 to 201 Yonge Street.
4. City Council direct that a minimum of 308 bicycle parking spaces for use by occupants shall be provided and maintained on the lot for the use of residents of the lot."