10 St Mary Street - Zoning Amendment Application - Preliminary Report

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1 STAFF REPORT ACTION REQUIRED 10 St Mary Street - Zoning Amendment Application - Preliminary Report Date: May 14, 2015 To: From: Wards: Reference Number: Toronto and East York Community Council Director, Community Planning, Toronto and East York District Ward 27 Toronto Centre-Rosedale STE 27 OZ SUMMARY This application proposes a 42-storey mixed-use building with 255 residential dwelling units and 251 square metres of at-grade retail space at 10 St. Mary Street. The site is listed on the City's Inventory of Heritage Properties and is designated under Part IV, Section 29 of the Ontario Heritage Act. The site contains a historically significant International Style commercial building, constructed in The building is historically associated with the architectural partnership of Mathers and Haldenby whose work from contributed significantly to educational, government and commercial institutions and residential enclaves in the City of Toronto. The office building is particularly important because of its expressive use of modernist International Style principles which contrasts with the majority of their traditionally based work. The applicant is proposing to demolish the existing heritage building. This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing the application. 1

2 RECOMMENDATIONS The City Planning Division recommends that: 1. Notice for the public meeting under the Planning Act be given according to the regulations of the Planning Act. Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY On May 6, 2014, City Council approved an Intention to Designate the existing 8-storey office building at 10 St. Mary Street under Part IV of the Ontario Heritage Act. The applicant appealed the heritage designation to the Conservation Review Board on June 27, Notice was received from the Conservation Review Board advising that the applicant had withdrawn their appeal on March 18, On April 20, 2015, City Council passed By-law No to designate the property as being of cultural heritage value and interest. The applicant has appealed the City of Toronto's Economic Health and Employment Land Policies in the 5 year Official Plan Review (Official Plan Amendment No. 231), particularly as they pertain to the promotion of office space in the Downtown. The applicant has appealed the new Official Plan Heritage Policies, Official Plan Amendment 199, as they pertain to this property. In addition the applicant has appealed the North Downtown Yonge Area Specific Policy 382/ Official Plan Amendment No Pre-Application Consultation Pre-application consultation meetings were held in early 2014 with the applicant to discuss complete application submission requirements for the rezoning application, the intent to designate the existing building and to identify issues with the proposal. ISSUE BACKGROUND Proposal The application proposes to redevelop the lands at 10 St. Mary Street with a 42-storey mixed-use building consisting of retail use at-grade and residential above. The overall proposed building height is metres, including the mechanical equipment. The application proposes a total gross floor area of 18,638 square metres, of which, 251 square metres will be allocated to non-residential gross floor area, with the remaining 18,387 square metres allocated to residential gross floor area. An overall density of 19.1 times the lot area is proposed. 2

3 The application proposes to provide a total of 255 residential dwelling units, consisting of 7 bachelor units, 186 one-bedroom, 44 two-bedroom units and 18 three-bedroom units. The applicant is proposing to demolish the existing 8-storey designated building on site, and replace it with a 10-storey podium and 32-storey tower. The podium is proposed to have a height of 30.6 metres, and will include retail uses, the servicing and loading area, the residential lobby and residential dwelling units. The retail entrances are proposed to be from both St. Mary Street and Yonge Street. The proposed access to the 4-levels of underground parking will be from the St. Nicholas Street. The applicant is proposing 49 vehicular parking spaces for residents which are accessible by two car elevators, and 316 bicycle parking spaces. There are no visitor or retail vehicular parking spaces proposed. A Type "G/B" loading space is proposed and accessed from St. Nicholas Street. The proposal includes 341 square metres of indoor amenity space located on the 11 th floor and 534 square metres of outdoor amenity space on the adjoining terrace. The City's standard is 2.0 square metres per dwelling unit for indoor amenity space and 2.0 square metres per dwelling unit for outdoor amenity area (510 square metres of indoor and 510 square metre of outdoor amenity space). The proposed floor plate size is as follows: Floor Floor Plate Size 12 th floor 528 square metres floors square metres floors 329 square metres The proposed tower stepbacks are as follows: Tower Stepback Measurement North Tower Stepback from Property Line 11 th floor Ranges from 0 to 2.4 metres 12 th - 42 nd floor Ranges from 0 to 1.2 metres St. Nicholas Street Tower Stepback from Property Line 11 th floor 4.3 metres 12 th -23 rd floor 3 metres 24 th - 42 nd floor 0 metres St. Mary Street Tower Stepback from Property Line 11 th floor 4.3 metres 3

4 12 th -24 th floor 3 metres Yonge Street Tower Stepback from Property Line 11 th floor 15.7 metres 12 th -23 rd floor 14.5 metres 24 th -36 th floor 25 metres 37 th 42 nd floor 31.1 metres The at-grade setbacks are as follows: Setbacks Yonge Street Setback St. Mary Street Setback St. Nicholas Street Setback Measurement from property line to podium 2.4 metres 0 metres 1.8 metres Site and Surrounding Area The subject site is located on the northwest corner of Yonge and St Mary Streets, and east of St. Nicholas Street. The site is rectangular in shape, with an approximate frontage of 15.9 metres along Yonge Street and an approximate lot depth of 61 metres. Currently there is an 8-storey designated building on the site, containing 7,327 square metres of office space. North: North of the site along Yonge Street, is a series of two-storey mixed-use buildings with retail at grade. At the southwest corner of Yonge Street and Charles Street West is a recently approved Site Plan application proposing to expand the existing Shoppers Drug Mart while preserving the heritage building. To the north of the site along St. Nicholas Street, is a low-rise heritage building at 79 St. Nicholas Street. South: Directly south of the site is an eight-storey building that is currently occupied by the Church of Scientology. Beyond is a series of 2 to 3-storey buildings with retail at grade. At the southwest corner of St. Nicholas and St. Mary Streets is a 24-storey rental apartment building. East: East of the site along Yonge Street, is a series of 2 to 3-storey buildings with retail at grade, some of which are heritage buildings. West: Directly across St. Nicholas Street from the site is a 20-storey residential building. Provincial Policy Statement and Provincial Plans The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety. Section 2.6 of the PPS requires that significant built heritage resources and significant cultural 4

5 heritage landscapes shall be conserved. City Council s planning decisions are required to be consistent with the PPS. The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. Section of the Growth Plan calls for cultural heritage conservation, including conservation of archaeological resources where feasible as built-up areas are intensified. The Growth Plan identifies the Downtown, where the application is located, as an 'Urban Growth Centre', and as such will be planned to provide both population and employment growth and will serve as a high density major employment centre. City Council s planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe. Official Plan The subject property is located within the Downtown and Central Waterfront area on Map 2 Urban Structure in the Official Plan. This site is designated as Mixed Use Areas on Map 18 Land Use Plan in the Official Plan. The property is surrounded by properties also designated Mixed Use Areas. Mixed Use Areas are made up of a broad array of residential uses, offices, retail and services as well as institutional, entertainment, recreational and cultural activities in addition to parks and open spaces. Mixed Use Areas are intended to be areas for new retail, office, and service employment and new housing. The Plan includes criteria that direct the form and quality of development for the Mixed Use Areas designation. The criteria states that new buildings should provide a transition between areas of different intensity and scale, including a stepping down of heights towards lower scale neighbourhoods; minimize shadow impacts and provide an attractive, safe and comfortable pedestrian environment. The Official Plan including policies regarding heritage resources set out directions for conserving our heritage through listing properties, designating them and entering into conservation agreements. Once a property is listed on the City's Inventory of Heritage Properties, it is to be conserved and any development proposal on a heritage property requires a Heritage Impact Statement. Development adjacent to properties on the City's Inventory of Heritage Properties will respect the scale, character and form of heritage buildings and landscapes. This application will be reviewed against the policies in the Official Plan including those in the Downtown, Public Realm, and Built Form sections of the Plan. Compliance with other relevant policies of the Official Plan will also be addressed. Economic Health and Employment Land Policies - Official Plan Amendment 231 Official Plan Amendment No. 231 (OPA 231) was adopted by Council in December 2013 and approved by the Minister of Municipal Affairs and Housing in July of It is currently under 5

6 appeal at the Ontario Municipal Board. OPA 231 emphasizes the promotion of office space in areas on rapid transit in order to accommodate future employment and support public investment in transit infrastructure. Policy requires that any new development on a site that contains over 1,000 square metres of office space located in a Mixed-Use Area designation within the Downtown or Central Waterfront Area shall also provide an increase of office space. The policy is under appeal at the Ontario Municipal Board, including an appeal by the owners of this property. The site is located on a site within a 'Mixed Used Area' within the 'Downtown' on a site with over 7,000 square metres of office space, none of which is proposed to be replaced in the proposed development. Therefore the development proposal does not meet the policy directions of Council, or the Province of Ontario which approved OPA 231. The site is located within a Mixed-Use Area within the Downtown and is located within 500 metres from the Bloor/Yonge subway station. The policy would apply to the site. The proposal does not conform to the policy, as the existing 7,327 square metres of office is not intended to be replaced. Staff have recommended that the application should be revised to better conform to OPA 231. North Downtown Yonge Area Specific Policy 382/ Official Plan Amendment No. 183 At its meeting of October 8-9, 2013, City Council adopted the North Downtown Yonge Area Specific Policy 382, Official Plan Amendment 183 (OPA 183) and approved the final version of the North Downtown Yonge Urban Design Guidelines, for the area generally bounded by Charles Street, Bay Street, Church Street and College/Carlton Street. OPA 183 provides direction in how development should respond to its historic main street context, reinforcing a pedestrian friendly mirco-climate and retail uses along the street. The site is within the "Yonge Street Character Area" which is characterized by: a strong heritage fabric; predominately low-rise main street building typology with a prevailing street wall height of 2-4 storeys; narrow retail frontages; and shallow lot depths. This site is subject to the height provisions of OPA 183. It is identified as being located in the "Height Core Area" within the Yonge Street Character Area and the maximum building height is 18 metres or 4 storeys. Buildings higher than 18 metres may only be permitted if: a. no part of the building is located above the angular plane drawn from Yonge Street lot line, commencing at the height of 18 metres above the street level, and then angling upwards at an angle of 75 degrees away from Yonge Street over the site; and b. where the site contains a heritage property, the heritage property is retained in its entirety and appropriately incorporated into the development. Planning staff have advised the applicant that the current proposal does not conform to the OPA 183 and that the proposal should be revised to conform to the adopted policies. The proposal does not conform to the OPA 183 in the following ways: 6

7 - Sites containing heritage structures shall provide a stepback of 20 metres from the front of the base building whereas the current application has a proposed stepback of 15.7 metres at the 11 th floor and 14.5 metres at the 12 th floor and above; - The tower structure for the proposal intrudes into the 75 degree angular plane; - The proposal is encouraged to have retail at grade with store widths consistent with the average width of at-grade retail that is currently found within 2 blocks to the north and south of the site on either side of Yonge Street; and - The existing heritage building must be retained in its entirely and appropriately incorporated into the proposed development. Heritage The applicant is proposing to demolish the existing eight-storey designated heritage building located at 10 St. Mary Street and construct a 32-storey mixed use building. The property is currently designated under Part IV of the Ontario Heritage Act by By-law No , enacted by City Council on April 2, Also affected by the proposal is the adjacent heritage property at 79 St. Nicholas Street, listed on the City's Inventory of Heritage Properties, adopted by City Council on March 15, In a pre-application discussion with the applicant and prior to the application having been submitted to the City, the applicant was advised that the property at 10 St. Mary Street was being evaluated by staff for designation under Part IV of the Ontario Heritage Act and that the Historic Yonge Street Heritage Conservation District Study was underway. By the time the application was submitted to the City in August 2014, Council had stated its Intention to Designate under Part IV of the Ontario Heritage Act on May 6, 7, & 8, The applicant filed an appeal with the Conservation Review Board on City Council's Intention to Designate the property, which has since been withdrawn. A Heritage Impact Assessment dated July 29, 2014, was submitted with the subject application that did not recognize City Council's Intention to Designate the property at 10 St. Mary Street and supported the proposal to demolish it. The Official Plan states that heritage resources on properties listed on the City's Inventory of Heritage Properties will be conserved and that development adjacent to properties on the City's Inventory of Heritage Properties will respect the scale, character and form of the heritage buildings and landscapes. The proposed height of the St. Nicholas Street elevation would have a negative impact on the adjacent heritage property at 79 St. Nicholas Street by overwhelming it with no transition. Further, the proposed construction on the St. Nicholas Street elevation does not display a sufficient stepback from the street to preserve the historic low-rise streetwall condition found in the adjacent heritage building and other listed and designated buildings to the north at 81 & 85 St. Nicholas Street. 7

8 The applicant is required to conserve the heritage building at 10 St. Mary Street. Development at this location must be in keeping with established heritage and planning policies for on-site heritage resources and adjacent heritage properties. The application also does not implement OPA 199, the new Official Plan heritage policies which are in force throughout most of the City, as it proposes to demolish, not conserve a significant heritage building. The applicant has appealed OPA 199 and it is not in force for this property. However, the application runs counter to the policy directions of Council and the Province on heritage matters. Zoning The site is currently zoned CR T3.0 C2.0 R3.0 under Zoning By-law This CR zoning designation permits a variety of uses including residential and commercial uses. The maximum density is 3 times the lot area, with 2 times the lot area for commercial uses and 3 times the lot area for residential uses. The maximum height permitted for the site is 18 metres. There is a required angular plane of 44 degrees commencing at the height of 16 metres above the street level along Yonge Street. On May 9, 2013, Toronto City Council enacted City-wide Zoning By-law , which is currently under appeal to the Ontario Municipal Board. Under the new Zoning By-law, the site is zoned CR 430 (c2.0, r3.0) with exception 2546 and within Policy Area 1 provisions. Both Bylaws and apply to this site. TOcore On May 13, 2014, the Toronto and East York Community Council (TEYCC) considered a Staff Report regarding TOcore: Planning Toronto's Downtown, along with a related background document entitled Trends and Issues in the Intensification of Downtown. Both reports are available at: d60f89RCRD. TOcore is looking at how Toronto's Downtown should grow, with both a renewed planning framework and the necessary infrastructure to remain a great place to live, work, learn and play. TOcore is in its initial 'taking stock' phase, which involves an analysis of existing conditions, growth trends and priority issues in the Downtown. The review of this application will be informed by the issues being considered under TOcore. Tall Building Design Guidelines In May 2013, Toronto City Council adopted the updated city-wide Tall Building Design Guidelines and directed City Planning staff to use these Guidelines in the evaluation of all new and current tall building development applications. The Guidelines establish a unified set of performance measures for the evaluation of tall building proposals to ensure they fit within their context and minimize their local impacts. 8

9 This project is located within an area that is also subject to the Downtown Tall Buildings: Vision and Supplementary Design Guidelines (adopted by City Council in July 2012 and consolidated with the city-wide Tall Building Design Guidelines May 2013). This document identifies where tall buildings belong Downtown, and establishes a framework to regulate their height, form and contextual relationship to their surroundings. The Downtown Vision and Supplementary Design Guidelines should be used together with the city-wide Tall Building Design Guidelines to evaluate new and current Downtown tall building proposals. The subject property is located in Yonge Street, between St Mary Street and Charles Street West and is located within the Downtown Tall Buildings Vision and Performance Standards Design Guidelines boundaries. Yonge Street is identified as a "Special Character Street" through Maps 1 to 3, and is identified as a "Priority Retail Street" on Map 4. As a Special Character Street, Yonge Street is recognized for its overall heritage value and iconic stature but also its accommodation for differing redevelopment potential along specific segments of the street. Specific heights of the tower portion of a tall building proposal on Yonge Street will be determined on a site-by-site basis, taking into account: the heights of the adjacent buildings; heights proposed along adjacent High Streets and Secondary High Streets; and the possible negative impacts of tall building developments on adjacent open space and parks, landmark views and heritage resources. A tower setback of 20 metres (when heritage resources are present) and 10 metres (where there are no heritage resources) should apply for all tall building development sites or blocks located within the Yonge Street Special Character Street. The Downtown Tall Buildings Guidelines are available at Site Plan Control The proposed development is subject to site plan control. An application for Site Plan Approval has not been submitted but will be required. Reasons for the Application The proposal requires an amendment to the Zoning By-law for an increase in density and height, a reduction and refinement to the residential parking, and other development standards that will be tailored on a site-specific basis. Staff believe that the applicant should revised the proposal to conform to the recently adopted Official Plan policies. Additional areas of non-compliance may be identified through the circulation and review process. Planning staff have advised the applicant that the current proposal does not conform to the North Downtown Yonge Area Specific Policy

10 Community Consultation A community consultation meeting was held on April 28, 2015, with the local Councillor, Planning Staff, the applicant and approximately 35 members of the public. The meeting started with presentations from Planning Staff and the applicant followed by questions and concerns from the residents. Some of the concerns raised included: - Respecting and retaining the existing designated heritage building; - Compliance with the adopted OPA 183; - Height of the proposed tower and the incremental shadow on the northeast corner of Yonge Street and Charles Street; - The lack of sufficient proposed parking spaces; and - Potential traffic and congestion issues. COMMENTS Application Submission The following reports/studies were submitted with the application: - Architectural plans an drawings - Plans, Floor Plans, Elevations and Sections - Shadow Impact Study - Planning and Urban Design Rationale - Transportation Impact Study - Functional Servicing Report - Stormwater Management Report - Green Development Standards Checklist - Heritage Impact Assessment - Pedestrian Level Wind Study A Notification of Complete Application was issued on September 22,

11 Issues to be Resolved Prior to presenting a Final Report to Toronto and East York Community Council, the following issues, as well as any others identified by staff and the public, will need to reviewed and addressed: Official Plan Planning staff will be carefully assessing how the proposal conforms to the Official Plan policies, the City of Toronto's Employment land Policies (Official Plan Amendments No. 231) and the North Downtown Yonge Area Specific Policy 382 (Official Plan Amendment 183). Economic Health and Employment Lands Policies Official Plan Amendment 231 Planning staff will be assessing the lack of office space retention proposed by the applicant. The subject site is located within 500 metres of two subway stations and currently contains over 1,000 square metres of office space. Additional office space is required to meet the intent of OPA 231. Heritage The Official Plan contains strong policies regarding heritage resources and sets out direction for conserving our heritage properties. On April 20, 2015, City Council passed By-law No to designate the property as being of cultural heritage value and interest. The current proposal proposes to demolish the existing heritage building. Staff do not support the proposed demolition and recommend that the applicant revise the proposal to retain the existing designated building and appropriately incorporate it into the proposed development. Staff recommend that the proposal be revised to comply with the 20 metre setback from Yonge Street as required by OPA 183 and the Downtown Tall Buildings: Vision and Supplementary Design Guidelines for sites containing heritage resources. Built Form The Built Form policies, contained within Section of the Official Plan emphasize the importance of ensuring that new development fits within its existing and/or planned context. New buildings are required to provide appropriate massing and transition that that will respect the character of the surrounding area. OPA 183 provides policies which reinforce the importance of the Yonge Street as Toronto's iconic main street and accommodate development where appropriate. In the Height Core Area, new development is required to conserve heritage resources; provide a 75 degree angular plane drawn from Yonge Street lot line commencing at the height of 18 metres above the street level; and provide a 20 metre setback from the base of the building to the proposed tower on sites containing heritage resources. The current form of development proposed by the applicant does not comply to these policies and is not appropriate. 11

12 The tower's sitting and spacing will be carefully assessed to ensure proper separation between existing, proposed and future towers on adjacent properties. The proposed 1.2 metre setback to the north property line is not sufficient. The applicant submitted a shadow study, which Planning staff will review to assess the shadow impacts on nearby open spaces, park spaces and heritage buildings. Staff may require additional reports and studies to evaluate the application. Staff will also review the appropriateness of the proposed unit mix. Tall Buildings If it is determined that a tall building is appropriate for the site, Staff will review the proposal for consistency with the Tall Building Guidelines including: the appropriateness of the proposed scale and massing in terms of overall heights proposed; built form arrangements on the site; separation distances; setbacks from lot lines; and tower setbacks on sites containing heritage buildings. Access, Parking and Traffic Staff will assess the proposed parking and access, as well as the planned pedestrian area along St. Nicholas Street in front of the proposed vehicular access. Staff will review the Transportation Impact Study which has been prepared in support of the proposal. The application and applicable studies have been circulated to Transportation Service staff. Staff will continue to assess the appropriateness of: the proposed access arrangements; vehicular and bicycle parking supply; and traffic impact. Streetscaping and Pedestrian Environment The streetscape and pedestrian environment will be carefully assessed on all three of its frontages: Yonge Street, St. Mary Street, and St. Nicholas Street. Sidewalk widths, tree planting, hard and soft landscaping, wind impacts, animation, retail frontage, street-wall height and public art are some of the matters Planning staff will be assess to optimize the quality of the pedestrian environment. Amenity Space Planning staff will be assessing the adequacy of the proposed amenity space. Additional issues may be identified through the review of the application, agency comments and the community consultation process. 12

13 Section 37 Section 37 of the Planning Act allows the City to enter into an agreement with an applicant to grant a height and/or density increase for a particular project that is greater than the zoning bylaw would otherwise permit in return for community benefits. Details of a Section 37 Agreement between the applicant and the City will be considered, in consultation with the Ward Councillor, if the project is ultimately considered to be good planning and recommended for approval. CONTACT Jennifer Renaud, Planner Tel. No SIGNATURE Gregg Lintern, MCIP, RPP Director Community Planning, Toronto and East York District (P:\2015\Cluster B\pln\TEYCC\ doc)vc ATTACHMENTS Attachment 1: Site Plan Attachment 2: North Elevation Attachment 3: South Elevation Attachment 4: East Elevation Attachment 5: West Elevation Attachment 6: Zoning Attachment 7: Data Sheet 13

14 Attachment 1: Site Plan 14

15 Attachment 2: North Elevation 15

16 Attachment 3: South Elevation 16

17 Attachment 4: East Elevation 17

18 Attachment 5: West Elevation 18

19 Attachment 6 Zoning 19

20 Attachment 7 Application Data Sheet Application Type Rezoning Application Number: STE 27 OZ Details Rezoning, Standard Application Date: August 19, 2014 Municipal Address: Location Description: Project Description: 10 ST MARY ST PLAN D3 PT LOT 4 LOT 5 **GRID S2707 To rezone the subject lands to demolish the existing eight storey office building and construct a 32 storey mixed use condo building containing 255 residential dwellung units, and retail on the ground floor. A total of 49 parking spaces will be provided below grade, and a total of 316 bicycle parking spaces will be provided as well. Applicant: Architect: Owner: Sherman Brown Dryer Karol 5075 Yonge St., Suite 900 Toronto, Ontario, M2N 6C6 PLANNING CONTROLS Core Architects 317 Adelaide St. W. Toronto, Ontario, M5V 1P9 Official Plan Designation: Mixed Use Areas Site Specific Provision: Zoning: CR T3.0 C2.0 R3.0 Historical Status: Height Limit (m): 18 Site Plan Control Area: PROJECT INFORMATION Lifetime Developments 49 Jackes Ave. Toronto, Ontario, M4T 3E2 Site Area (sq. m): 974 Height: Storeys: 42 Frontage (m): Metres: Depth (m): Total Ground Floor Area (sq. m): 859 Total Total Residential GFA (sq. m): Parking Spaces: 49 Total Non-Residential GFA (sq. m): 251 Loading Docks 1 Total GFA (sq. m): Lot Coverage Ratio (%): 88.2 Floor Space Index: 19 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): Bachelor: 7 Retail GFA (sq. m): Bedroom: 186 Office GFA (sq. m): Bedroom: 44 Industrial GFA (sq. m): Bedroom: 18 Institutional/Other GFA (sq. m): 0 0 Total Units: 255 CONTACT: PLANNER NAME: Jennifer Renaud, Planner TELEPHONE:

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