Item - 2017.TE23.7
Tracking Status
- City Council adopted this item on April 26, 2017 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on April 4, 2017 and adopted without amendment. It will be considered by City Council on April 26, 2017.
- See also By-laws 740-2017, 741-2017
TE23.7 - 48-58 Scollard Street and 1315-1325 Bay Street - Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 27 - Toronto Centre-Rosedale
City Council Decision
City Council on April 26, 27 and 28, 2017, adopted the following:
1. City Council amend Zoning By-law 438-86, for the lands at 48-58 Scollard Street and 1315-1325 Bay Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
2. City Council amend City of Toronto Zoning By-law 569-2013 for 48-58 Scollard Street and 1315-1325 Bay Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:
i. prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $2,160,000.00 to be allocated towards local area park or streetscape improvements, in consultation with the Ward Councillor;
ii. prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $270,000.00 to be allocated towards capital improvements for new or existing Toronto Community Housing and/or affordable housing, in consultation with the Ward Councillor;
iii. prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $270,000.00 to be allocated towards capital improvements for new or existing cultural and/or community space, in consultation with the Ward Councillor;
iv. the cash contributions referred to in Parts 4.a.i. to iii. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made; and
v. in the event the cash contributions referred to in Parts 4.a.i. to iii. above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property; and
b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. the owner shall provide and maintain a privately owned and publicly accessible open space (POPS) of 523 square metres at the northeast corner of Bay Street and Scollard Street with the specific location, configuration and design to be determined in the context of a site plan approval process pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor;
ii. the Owner shall provide 10 percent family sized units in the development, containing at least three bedrooms; and
iii. pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. enter into a Heritage Easement Agreement with the City for the properties at 54A-58 Scollard Street and 1315 Bay Street to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such Agreement to the satisfaction of the City Solicitor; and
b. provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 54A-58 Scollard Street and 1315 Bay Street prepared by ERA Architects Inc., dated October 17, 2016, to the satisfaction of the Senior Manager, Heritage Preservation Services.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-102072.pdf
TE23.7 - 48-58 Scollard Street and 1315-1325 Bay Street - Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 27 - Toronto Centre-Rosedale
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council amend Zoning By-law 438-86, for the lands at 48-58 Scollard Street and 1315-1325 Bay Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
2. City Council amend City of Toronto Zoning By-law 569-2013 for 48-58 Scollard Street and 1315-1325 Bay Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
4. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:
i. Prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $2,160,000.00 to be allocated towards local area park or streetscape improvements in consultation with the Ward Councillor.
ii. Prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $270,000.00 to be allocated towards capital improvements for new or existing Toronto Community Housing and/or affordable housing, in consultation with the Ward Councillor.
iii. Prior to the issuance of the first above-grade building permit, the owner shall provide an indexed cash contribution to the City in the amount of $270,000.00 to be allocated towards capital improvements for new or existing cultural and/or community space, in consultation with the Ward Councillor.
iv. The cash contributions referred to in Recommendation 4.a.i.-iii. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.
v. In the event the cash contributions referred to in Recommendation 4.a.i.-.iii. above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property.
b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. The owner shall provide and maintain a privately owned and publicly accessible open space (POPS) of 523 square metres at the northeast corner of Bay Street and Scollard Street with the specific location, configuration and design to be determined in the context of a site plan approval process pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor.
ii. The Owner shall provide 10 percent family sized units in the development, containing at least three bedrooms.
iii. Pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.
5. Before introducing the necessary Bills to City Council for enactment, require the owner to:
a. enter into a Heritage Easement Agreement with the City for the properties at 54A-58 Scollard Street and 1315 Bay Street to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such Agreement to the satisfaction of the City Solicitor; and
b. provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 54A-58 Scollard Street and 1315 Bay Street prepared by ERA Architects Inc., dated October 17, 2016, to the satisfaction of the Senior Manager, Heritage Preservation Services.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on April 4, 2017, and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes a 41-storey (147 metres, including 2-level mechanical penthouse) mixed-use building with commercial and retail uses on the first three floors and residential use above at 48-58 Scollard Street and 1315-1325 Bay Street. A total of 112 residential units, 126 vehicular parking spaces and 148 bicycle parking spaces are proposed. A privately owned publicly-accessible open space (POPS) is proposed at the northeast corner of Bay Street and Scollard Street.
The four designated heritage buildings at 54A-58 Scollard Street and 1315 Bay Street would be altered, moved and integrated into the development. The listed heritage building on the site at 54 Scollard Street would be demolished.
A separate report from Heritage Preservation Services dated January 10, 2017, recommends the proposed alterations and conservation strategy.
The proposal is consistent with relevant policies of the Official Plan, the Bloor-Yorkville/North Midtown Urban Design
Guidelines and the Yorkville – East of Bay Planning Framework. This report reviews and recommends approval of the application to amend the Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-102072.pdf
Speakers
John Caliendo, ABC Residents Association
David Bronskill, Goodmand LLP