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A. Young Planner Ltd. PLANNING JUSTIFICATION REPORT The Sher Corporation 59-71 Mutual St. City of Toronto December 2015

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Page 1: PLANNING JUSTIFICATION REPORT - Garden District, Toronto€¦ · PLANNING JUSTIFICATION REPORT The Sher Corporation 59-71 Mutual St. City of Toronto December 2015 . ii Alan Young

A. Young Planner Ltd.

PLANNING JUSTIFICATION REPORT

The Sher Corporation 59-71 Mutual St. City of Toronto

December 2015

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Alan Young BES MSc MCIP RPP MRTPI A. Young Planner Ltd. 62 Pine Crest Road Toronto ON M6P 3G5 416-806-2843 [email protected]

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TABLE OF CONTENTS

1.0 Background 1.1 Introduction 1 1.2 Subject Lands 3 1.3 Local Context 5 1.4 Proposed Development 9 1.5 Supporting Documentation 12

2.0 Provincial Policy

2.1 Provincial Policy Statement (2014) 15 2.2 The Growth Plan (2013) 16

3.0 City of Toronto Official Plan (June 2015 Consolidation)

3.1 General 17 3.2 Mixed Use Areas: Development Criteria 17 3.3 General Built Form Policies 21 3.4 Tall Buildings: Location 22 3.5 Tall Buildings: Design Criteria 23 3.6 Communal Amenity Space for Residents 24 3.7 Rental Housing 26 3.8 St. Michael’s Hospital Heliport Flight Path 26 3.9 Downtown East Planning Study: OPA 82 27 3.10 Official Plan: Conclusion 28

4.0 Zoning 29

5.0 City of Toronto Guidelines for Tall Buildings

5.1 Tall Buildings Guidelines (2013) 30 5.2 Downtown Tall Buildings: Vision and Supplementary

Design Guidelines (2012/2013) 31 5.3 Local Application of the Tall Building Guidelines 33 5.4 Tall Buildings: Summary 37

6.0 Planning Justification Summary 40

7.0 Conclusion 43

Appendix 1: Site-Specific Zoning Extracts 44 Appendix 2: Draft Zoning By-law for Subject Lands 48

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LIST OF FIGURES Figure 1 Photo: View north along Mutual St. from Shuter St. 1 Figure 2 Air Photo: Local Context 2 Figure 3 Photo: East side of Mutual Street – Subject Lands 4 Figure 4 Photo: East side of Mutual Street – Subject Lands

and Mutual Residences (55 Mutual St.) 4 Figure 5 Photo: Arena Gardens Park 4 Figure 6 Table: Tall Buildings above 20 storeys in the Vicinity

of the Subject Lands 6 Figure 7 Air Photo: Existing, Approved and Proposed Tall

Buildings in the Vicinity of the Subject Lands 7 Figure 8 Photo: North side of Shuter Street at Public Lane

and Jarvis St. 8 Figure 9 Photo: View North up Lane – Pace, 192 Jarvis St.,

Ryerson Residence site, Hazelburn Co-op 8 Figure 10 Photo: Northwest corner of Mutual and Shuter Streets 8 Figure 11 Site Plan 10 Figure 12 Map: Toronto Official Plan – Land Use Plan 18 Figure 13 Table: Proposed Tower Setbacks and Separation

Distances 30 Figure 14 High Streets Map 32 Figure 15 Downtown Vision Height Map 32 Figure 16 Photo: East side of Mutual Street – Pace and

192 Jarvis Street in background 34 Figure 17 Photo: East Side of Mutual Street –

192 Jarvis Street. Grand Hotel (Amexon) and Hazelburn Co-op in background 34

Figure 18 Photo: Dundas/Jarvis Gateway – South side of Dundas Street – Grid Site – 192 Jarvis Street and Pace in background 37

Figure 19 Photo: View from Mutual Street across Shuter Street to the Lee site and the Jazz tower 39

Figure 20 Photo: View from Queen Street across the Lee site to the Core site (red crane) and Pace 39

Figure 21 Photo: View from Queen Street across the Lee site to Jazz, the Core site (red crane) and Pace 39

Figure 22 Photo: View across Moss Park to Core site (red crane) and Pace 39

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1.0 Background 1.1 Introduction A. Young Planner Ltd. has been retained by The Sher Corporation (the “Owner”) to provide planning advice in relation to its proposal to construct a 32-storey apartment building at 59-71 Mutual Street (the “subject lands”) in downtown Toronto (See Figures 1 and 2). The subject lands are located within the Downtown Toronto Urban Growth Centre, as designated by the Province of Ontario, where the Growth Plan's highest minimum target densities apply. They are also located within a Mixed Use Area where tall buildings are a well-established townscape feature, and where more tall buildings are planned for the future. The proposed building has been carefully designed in a “Tower-Base” format to fit with its existing and planned built form context, create a pedestrian-friendly environment along Mutual Street and minimize shadow impact. This report has been prepared in support of the rezoning that is required to permit the proposed project to proceed.

FIGURE 1 - View North along Mutual St. from Shuter St. Pace in background.

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way Line

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Designation

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Heritage Conservation

Proposed Garden District

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PRINT FROM PDF (TRANSPARANCIES)

Date: Nov. 2015 Local Context

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NEIGHBOURHOODS BY OPA 82 (NOT IN FORCE)

REDESIGNATED TO APARTMENT

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1.2 Subject Lands The subject lands are developed for six 2/3-storey buildings of which five are in residential use, and one is in commercial use (see Figures 3 and 4). The five residential buildings each contain two or three rental apartments, for a total of 12 units. Additional details may be found in the Housing Issues Report prepared by The Planning Partnership. A seventh building, at 61 Mutual Street, was recently demolished owing to unsafe conditions, also as documented in the Housing Issues Report. Each address is associated with a separate parcel, except for Nos. 65 and 67 which are combined in a single parcel. Accordingly, the subject lands comprise an assembly of six parcels. The building at 59 Mutual St. is the surviving half of what was originally a pair of semi-detached dwellings, built about 1872; the buildings at 63, 65 and 67 Mutual Street were originally three rowhouses, built about 1880; and the building at 69-71 Mutual Street was originally another pair of semi-detached dwellings, built about 1873. None of the buildings, including the one recently demolished, are designated under the Ontario Heritage Act, or listed on the City of Toronto Inventory of Heritage Properties. The subject lands are not within an existing or proposed Heritage Conservation District. A Heritage Value Assessment conducted by ERA Architects Inc. on behalf of the Owner concluded that the buildings do not merit listing or designation under the Ontario Heritage Act. The subject lands have an area of 1103.7 square metres (0.27 acre) and a frontage of 36.83 metres. The southerly portion at 59-61 Mutual Street has a depth of approximately 29 metres and the northerly portion at 63-71 Mutual Street has a depth of approximately 30.5 metres. The parcel backs onto an L-shaped public lane which connects Mutual and Shuter Streets. All vehicular parking associated with the existing buildings is located in the rear with access from the public lane. The required widening of the public lane at the rear will reduce the site area to a net 1073.9 square metres (0.26 acre). The required dedication averages 1.186 metres in width.

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FIGURE 3 - East Side of Mutual Street - Subject Lands

FIGURE 4 - East Side of Mutual Street - Subject Lands and Mutual Residences (55 Mutual St.) FIGURE 5 - Arena Gardens Park

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1.3 Local Context The subject lands are located on the east side of Mutual Street, in the block bounded by Mutual, Dundas, Jarvis and Shuter Streets. The block is fully developed with a mixture of low-rise buildings, three apartment buildings in the 10-14 storey range, and one 42-storey building, which is nearing completion ("Pace"). In addition, site excavations have commenced for a 30-storey Ryerson University student residence fronting on Jarvis Street, diagonally across the rear lane from the subject lands. There is a proposal for one additional apartment building in the block, a 38-storey tower at 75-83 Mutual Street. In the absence of a decision by Council, the required rezoning application has been appealed to the Ontario Municipal Board. The area around the intersection of Dundas and Jarvis Streets has emerged as a gateway where buildings much taller than the heights outlined in the Downtown tall building guidelines have been approved. The 42-storey "Pace" tower, at the southwest corner, was the first such tall building to be approved. It was followed by approvals for the 50-storey "Dundas Square Gardens" tower, at the northeast corner, and the 47-storey "Grid" tower, at the southeast corner. In addition, a 45-storey tower is proposed on the Grand Hotel site immediately south of the Grid. The lands on the opposite side of Mutual Street from the subject lands are devoted to Arena Gardens Park which contains a playground, a grassed area and landscaped areas including seating (see Figure 5). The lands immediately south, west and north of the park are developed for apartment buildings ranging in height from 12 to 17 storeys, and fronting on Mutual, Shuter and Dalhousie Streets. A 24-storey apartment building ("Core") is currently under construction at the northeast corner of Shuter and Dalhousie Streets, immediately southwest of Arena Gardens Park. Pertinent development characteristics pertaining to the tall buildings cited above, and others in the vicinity, are presented in Figure 6 and their location is shown in Figure 7. Photographs of several of the buildings are provided in Figures 8, 9 and 10.

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Figure 6 Tall Buildings above 20 Storeys in the Vicinity of the Subject Lands

Project Identity and Address

Status Height FSI Storeys* Metres**

Dundas/Jarvis Gateway Pace 155-163 Dundas St. E. 200 Jarvis St.

Under Const'n. (BL 161-2012)

42 134.5 m 19.2

Dundas Square Gardens 200 Dundas St. E. 241-251 Jarvis St.

Approved (BL 1341-2013; A0836/14TEY; A0893/15TEY)

50 146.6 m 17.7

Grid 175-191 Dundas St. E. 235 Jarvis St.

Approved (no by-law)

47 141.9 m 29.0

Amexon 225 Jarvis Street

Proposed 45 153.95 m 10.65

Gateway Transition Sites Ryerson Residence 186-188 Jarvis St.

Under Const'n. (BL 1028-2014)

30 93 m 14.15

Tribute 75-83 Mutual St.

Proposed 38 120.4 m 18.1

Sher 59-71 Mutual St.

Proposed 32 94.8 m 16.3

West/Southwest Jazz 167 Church St.

Existing (BL 452-2003)

28 78.2 m 10.47

Core 64-70 Shuter St.

Under Const'n. (BL 86-2014) 24 79 m 16.02

Lee Shuter/Mutual/Queen

Approved (BL 180-2005)

28 (3 towers)

79 m 9.0

Pemberton 117 Dundas St. E. 215-229 Church Street

Proposed 46 156 m 24.3

Notes * excludes mezzanine level ** measured from established grade, excluding mechanical penthouse

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141.9m47 Storeys

120.4m38 Storeys

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Hazelburn Co-op11 Storeys

192 Jarvis St.14 Storeys

13 Storeys

Grand Hotel

10 Storeys90 Shuter St

99 Dalhousie St

81 Dalhousie St17 Storeys

75 Dalhousie St12 Storeys

10-14 Storeys

76 Shuter St15 Storeys

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79m(3 towers)28 Storeys

Jazz

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Pemberton

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Date: DEC. 2015

File: 7430

Existing / Approved Developments

Proposed Developments

Amexon

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in the Vicinity of the Subject Lands

Existing, Approved and Proposed Tall Buildings

FIGURE 7

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Figure 9 - View North up Lane - Pace, 192 Jarvis St., Ryerson Residence site, Hazelburn Co-op

Figure 8 - North side of Shuter Street at Public Lane and Jarvis St.

Figure 10 - Northwest Corner of Shuter and Mutual Streets (76 Shuter St.)

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The subject lands are within walking distance (approximately 500 metres) of the Dundas and Queen subway stations on Line 1 (see Figure 2). The latter's north entrance is on Yonge Street, just south of Shuter Street. The subject lands are also conveniently served by the Dundas streetcar (505) which connects the Dundas West Station (Line 2), the Dundas Station (Line 1) and the Broadview Station (Line 2); and the Queen streetcar (501). The subject lands are also within walking distance of parks such as Allan Gardens and Moss Park (see Figure 2), a wide range of retail and service commercial facilities, and many community facilities and employment establishments (see accompany Community Facilities and Services Study prepared by The Planning Partnership). 1.4 Proposed Development It is proposed to construct a 32-storey apartment tower which includes a 5-storey base building. The height of the building, to the top of the mechanical penthouse, is 100.5 metres. The proposed building height has been selected to achieve a transition between the existing/approved building heights of up to 50 storeys to the northeast (in the Dundas/Jarvis gateway), and the existing/approved building heights of up to 24/28 storeys to the southwest (north/south of Shuter Street), while not intruding into the St. Michael's Hospital heliport flight path. This approach, as will be discussed later, is consistent with the City’s Downtown tall building guidelines. The project would have a Gross Floor Area of 17,524 square metres, and a density of 16.3 FSI on its net site, which falls within the range of densities approved and proposed for tall buildings in the vicinity. The building would contain a variety of unit sizes: 3 studio units, 172 one-bedroom units, 72 two-bedroom units, and 28 three-bedroom units, for a total of 275 residential units. The third floor within the podium will contain 12 rental units that will compensate for the demolition of the existing rental housing stock on the property, which also comprises 12 units. The proposed 3-bedroom units will provide family-oriented housing. The podium will occupy the full Mutual Street frontage of the subject lands (see Figure 11 - Site Plan). It will be recessed at the ground level by 3.084 m, creating a 6.0-metre wide sidewalk zone between the face of the building and the Mutual Street curb. This will provide ample room for pedestrians and

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FIGURE 11 – Site Plan

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five large-canopy street trees, and for cyclists who will need to cross the sidewalk to access the resident and visitor bicycle parking facilities on the ground floor. The tower stepbacks from the edge of the 5-storey podium are 3.0 metres at the front, 1.2 metres on the north side, and 7.373 metres on the south side. The tower stepback from the centre line of the lane at the rear is 8.2 metres. Unenclosed balconies would project beyond the main tower walls in a varied pattern. Recessed balconies would be provided for the podium units. All vehicular access would be provided from the public lane at the rear. The three underground parking levels would contain 57 spaces, of which 24 would be designated for the residents, 10 for publicly accessible car-share use, and 23 for visitors. A site-specific parking standard is requested in the rezoning application, and is justified in the Transportation Impact Study and Parking Review prepared by LEA Consulting. Bicycle parking would be provided for visitors (33 spaces at grade level) and residents (297 spaces, of which 78% would be on the ground floor), in accordance with Tier 2 of the Toronto Green Standard, which exceeds the By-law 569-2013 requirement of 1.0 bicycle parking space per unit (275 spaces). In accordance with City requirements, a Type-G Loading Space would be provided with access from the rear public lane. Indoor amenity space areas would be provided in three locations: (a) at grade (48 square metres), beside the lobby, with glazing providing

views out to Mutual Street; (b) on the second floor (261 square metres); and (c) on the entire sixth floor (440 square metres), with access to the

outdoor amenity area (375 square metres) on the roof of the podium. The total amenity space provision for the residents is 1124 square metres, of which 749 square metres would be indoors. The foregoing meets the amenity space standards of By-law 569-2013, which is not yet in force, but which have been devised to implement the amenity space policies of the in-force Official Plan. A green roof with an area of 300 square metres would cover the roof of the mechanical penthouse.

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1.5 Supporting Documentation The preparation of this Planning Justification Report has been informed by the work undertaken by other consultants as summarized below. The reports are presented in alphabetical order. Air Emissions Evaluation - Ortech - Nov. 18, 2015 The City Planning Department requested a review of possible impacts from emissions from two elevated stacks in the neighbourhood: one at the Moss Park Armoury and the other at the Church Richmond Centre. Ortech's investigations confirmed that both stacks are associated with heating systems, not industrial operations, and that the separation distance between the stacks and the subject lands is more than adequate to ensure that there is no adverse impact on the proposed residential development. Arborist Report - Jack Radecki Consulting Arborist - Nov. 16, 2015. This report identifies three trees, all invasive Tree of Heaven, in rear yards on the subject lands. They conflict with the proposed development and removal is recommended. An application to injure a Siberian Elm in the front yard of the adjoining property at 55 Mutual Street will be required. Architectural Drawings and Shadow Studies – RAW Design – Dec. 7, 2015 RAW Design has provided a full range of architectural drawings to allow assessment of the project. RAW has also provided shadow studies in accordance with City specifications, which are reviewed in this Planning Justification Report and the Urban Design Brief. Community Services and Facilities Report - The Planning Partnership – Dec. 4, 2015 This review provides an inventory of many community facilities to be found in the local area and identifies new facilities that are on the horizon. Environmental Noise Assessment – Novus Environmental – Dec. 8, 2015 Novus concludes that the noise impact from traffic and streetcars falls within acceptable limits, and that no mitigation measures are required. Functional Servicing Report (FSR) and Stormwater Management Report - exp – Dec. 3, 2015 The FSR notes that the property falls in elevation from Mutual Street to the rear lane, and that the grade differential of approximately 0.6 metre will be accommodated by stairs within the building. The proposed development can connect to existing watermain, sanitary sewer and storm sewer located in the

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Mutual Street road allowance. A cistern will be located in the underground garage to detain stormwater and discharge at the allowable rate. Quality control will be achieved by the 300-square-metre green roof on the tower and other landscape features. Water balance will be achieved by evaporation, evapo-transpiration and water re-use for irrigation. Heritage Value Assessment - ERA Architects – Oct. 16, 2015 ERA Architects conclude that the existing nineteenth-century buildings at 59-71 Mutual Street do not merit listing or designation under the Ontario Heritage Act. Housing Issues Report - The Planning Partnership – Dec. 4, 2015 This report addresses the City's requirements relating to the displacement of the existing 12 rental housing units within five of the houses on the subject lands. Based on the report's recommendations, the third floor of the building's podium will be devoted to rental apartments similar in size to those in the existing buildings, and relocation assistance will be provided to existing tenants. Pedestrian Wind Assessment - Novus Environmental - Dec. 8, 2015 This assessment, which was based on numerical modelling techniques, concludes that wind conditions resulting from the proposed development are acceptable. The locations analyzed included the entrances to the proposed building, the podium roof-top amenity area, the Mutual Street sidewalks, Arena Gardens Park and roof-top terraces on other buildings in the vicinity. Transportation Impact Study (TIS) and Parking Review - LEA Consulting - December 2015 LEA Consulting concludes that the traffic generated by the proposed development can be supported by the street network and will not significantly impact future traffic operations. It also concludes that the proposed parking supply is both comparable to what has been approved at other sites in the area and is acceptable in this neighbourhood context where many destinations can be reached on foot. LEA also states that (1) the 5.4-metre depth of 28 parking stalls, reduced from 5.6 m, is acceptable given the range of vehicles that are up to 5.2 metres in length, and that (2) the reduced parking aisle width of 5.5 metres is acceptable because it is accompanied by an increased parking stall width of 3.0 metres (up from 2.6 m).

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Tree Removal/Preservation Plan and Landscape Plan – Thinc Design – Dec. 7, 2015 These plans implement the recommendations of the arborist report and provide for the planting of five large-canopy trees in the Mutual Street boulevard in front of the proposed development. Urban Design Brief – SvN – Dec. 8, 2015 SvN conclude that the proposal constitutes a “shoulder development” in relation to the emerging height peak at Dundas and Jarvis Streets, and that its built form will proportionately frame Arena Gardens Park and create a pedestrian-friendly environment. Moreover, the proposed tower stepbacks and separation distances are in conformity with the intent of the Official Plan and are generally in keeping with City guidelines.

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2.0 Provincial Policy 2.1 Provincial Policy Statement (2014)("PPS")

The subject lands are located within a settlement area. The PPS identifies such areas as the focus for growth and development within Ontario. The PPS states that "land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which: 1. efficiently use land and resources;

2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

3. minimize negative impacts to air quality and climate change, and promote energy efficiency;

4. support active transportation;

5. are transit-supportive, where transit is planned, exists or may be developed; and

6. are freight-supportive ..." (1.1.3.2).

The PPS goes on state that “planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs” (1.1.3.3). The proposed development will achieve intensification in an area already identified for that purpose by the City of Toronto, consistent with 1.1.3.3 quoted above. The proposed development will use the subject lands efficiently, achieving a density in the same range as other tall buildings in the area, consistent with 1.1.3.2(a)(1) above. The proposed development takes advantage of the existing servicing infrastructure, transit services, and the many local community services and facilities, consistent with 1.1.3.2(a)(2) and (5) above. Because it is possible to walk to a wide array of employment establishments, retail and service commercial establishments and community facilities, the proposed 32-storey

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tower will promote active transportation, consistent with 1.1.3.2(a)(4) above. As a result of (1) the location of the subject lands within the downtown area and within walking distance (approximately 500 metres) of Yonge Street, and (2) the nature of the proposal, i.e. a tall building which will achieve an efficient use of land, the requested rezoning implements the above-quoted policies, and other similar policies in the PPS relating to the availability of infrastructure and public service facilities, the promotion of active transportation, the facilitation of compact form and energy conservation. Finally, the proposal will contribute towards the supply of studio, and one-, two-, and three-bedroom residential units, which will help meet "the projected requirements of current and future residents of the regional market area" as contemplated in the PPS (1.4.3). In my opinion, the requested rezoning is consistent with the PPS. 2.2 The Growth Plan (June 2013) The Growth Plan directs a significant portion of future growth to existing urban areas, where a variety of "intensification areas" are to be established in transit-supportive locations. The Growth Plan states that "public transit is the first priority for transportation infrastructure planning and major transportation investments" (3.2.3.1) and accordingly the "urban growth centres", which are located at existing/future transit hubs, are at the top of the hierarchy of "intensification areas". It follows that the urban growth centres within the City of Toronto, which are all served by rapid transit, including the Downtown where the subject lands are located, are each targeted for the highest minimum densities in the Greater Golden Horseshoe (2.2.4.5). The Growth Plan also calls for the co-ordination of community infrastructure with population growth to foster complete communities (3.2.6.3). Because the subject lands are located within a transit-supportive, complete community within the highest-order Urban Growth Centre in the Greater Golden Horseshoe, and because the proposed tall building uses its site efficiently and promotes active transportation, it is my opinion that the requested rezoning conforms with the Growth Plan.

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3.0 City of Toronto Official Plan (June 2015 Consolidation) 3.1 General The subject lands are located within the Downtown and Central Waterfront area (Map 2 - Urban Structure). The site is designated Mixed Use Areas (Land Use Plan - Map 18) (See Figure 12), where development criteria apply. There are no specific height or density limits, but guidance on tall buildings in the Downtown is provided by way of Council policy as outlined later in this report. There is no Secondary Plan applicable to the subject lands. The preparation of a Secondary Plan covering the entire Downtown area is currently underway as a result of the TO Core initiative. 3.2 Mixed Use Areas: Development Criteria The Official Plan contains a series of development criteria pertaining to development in Mixed Use Areas (4.5.2). These are presented below along with comments on the manner in which the proposed development satisfies them.

Criterion (a): [Development will] "create a balance of high quality commercial, residential, institutional and open space uses that reduces automobile dependency and meets the needs of the local community;"

The proposed residential project is a high-quality proposal that will reduce automobile dependency by creating a significant number of additional residential units within walking distance of Yonge Street, the subway, Ryerson University and many other employment, commercial and recreational destinations. Its bicycle parking facilities, which exceed City zoning requirements, and its minimized parking supply will also contribute towards reduced auto dependency. Its varied unit residential sizes will cater to housing demand in the Downtown area.

Criterion (b): [Development will] "provide for new jobs and homes for Toronto’s growing population on underutilized lands in the Downtown, the Central Waterfront, Centres, Avenues and other lands designated Mixed Use Areas, creating and sustaining well-paid, stable, safe and fulfilling employment opportunities for all Torontonians;"

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LANDSSUBJECT

File: 7430

Date: Nov. 2015

FIGURE 12

Source: City of Toronto Official Plan, Map 18, Land Use Plan dated July 2015.

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The proposed development will produce new homes on underutilized lands within the Downtown Mixed Use Area, as contemplated.

Criterion (c): [Development will] "locate and mass new buildings to provide a transition between areas of different development intensity and scale, as necessary to achieve the objectives of this Plan, through means such as providing appropriate setbacks and/or a stepping down of heights, particularly towards lower scale Neighbourhoods;"

The closest Neighbourhoods are located east of Jarvis Street and are well-removed from the subject lands. Nonetheless, at 32 storeys, the tower will step down in height relative to the Pace, Dundas Square Gardens and Grid towers (42, 50 and 47 storeys respectively) at the Dundas/Jarvis gateway, and will be comparable in height to the Ryerson residence currently constructed on a site immediately to the northeast of the subject lands.

Criterion (d): [Development will] "locate and mass new buildings so as to adequately limit shadow impacts on adjacent Neighbourhoods, particularly during the spring and fall equinoxes;"

The shadow studies prepared by RAW Design indicate that there are no shadow impacts on Neighbourhoods, the nearest of which are located east of Jarvis Street, well removed from the subject lands.

Criterion (e): [Development will] "locate and mass new buildings to frame the edges of streets and parks with good proportion and maintain sunlight and comfortable wind conditions for pedestrians on adjacent streets, parks and open spaces;"

The proposed base building will have a height approximately 80% of the width of the Mutual Street road allowance, which, coupled with the 3.0-metre stepback for the tower, will result in a building that is proportionate to its setting. The shadow and wind studies indicate that the project will have acceptable impacts.

Criterion (f): [Development will] "provide an attractive, comfortable and safe pedestrian environment;"

The development will create an uninterrupted, 6-metre wide sidewalk zone which, together with boulevard plantings, will create a safe and comfortable environment for pedestrians.

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Criterion (g): [Development will] "have access to schools, parks, community centres, libraries, and childcare;"

All of these facilities are present in the local area, as documented in the Community Facilities and Services Study prepared by The Planning Partnership.

Criterion (h): [Development will] "take advantage of nearby transit services;"

The subject lands are within walking distance of the subway (approximately 500 metres away), and two streetcar services.

Criterion (i): [Development will] "provide good site access and circulation and an adequate supply of parking for residents and visitors;"

The proposed development provides for all vehicular access from the rear, two-way public lane which connects to both Mutual Street or Shuter Street, providing drivers with alternative access and egress options. An adequate supply of parking will be provided for residents and visitors, but, as is appropriate in this transit-rich context, will be minimized to reduce auto dependency. In addition, 10 publicly accessible car-share spaces will be provided as encouraged by the Official Plan which states: "In support of the TDM [Transportation Demand Management] and environmental policies of this Plan, the City may ... support the conversion of required parking spaces to designated publicly accessible car-share spaces" (2.4.9).

Criterion (j): [Development will] "locate and screen service areas, ramps and garbage storage to minimize the impact on adjacent streets and residences;"

The vehicular access areas and service areas will all be located off the public lane where there will be no visual impact on adjoining public streets.

Criterion (k): [Development will] "provide indoor and outdoor recreation space for building residents in every significant multi-unit residential development."

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Communal indoor and outdoor amenity areas will be provided for the residents, as explained elsewhere in this report. The outdoor amenity area is contiguous to the largest indoor amenity area. In summary, it is my opinion that all of the Mixed Use Area development criteria are met, by the location of the subject lands and the design of the proposed development.

3.3 General Built Form Policies The Official Plan contains a number of policies relating to built form throughout the City, in particular Section 3.1.2.3: "New development will be massed and its exterior façade will be designed to fit harmoniously into its existing and/or planned context, and will limit its impact on neighbouring streets, parks, open spaces and properties" which is to be addressed by a series of criteria discussed below.

Criterion (a): "massing new buildings to frame adjacent streets and open spaces in a way that respects the existing and/or planned street proportion". Criterion (b): "incorporating exterior design elements, their form, scale, proportion, pattern and materials, and their sustainable design, to influence the character, scale and appearance of the development". Criterion (c) "creating appropriate transitions in scale to neighbouring existing and/or planned buildings for the purpose of achieving the objectives of this Plan". Criterion (d) "providing for adequate light and privacy". Criterion (e) "adequately limiting any resulting shadowing of, and uncomfortable wind conditions on, neighbouring streets, properties and open spaces, having regard for the varied nature of such areas". Criterion (f) minimizing any additional shadowing and uncomfortable wind conditions on neighbouring parks as necessary to preserve their utility.

Section 3.1.2.4 states: "New development will be massed to define the edges of streets, parks and open spaces at good proportion. Taller buildings

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will be located to ensure adequate access to sky view for the proposed and future use of these areas." The City's urban design guidelines are intended to address the above criteria and are reviewed in the Urban Design Brief, prepared by SvN, and later in this Planning Justification Report. In summary, the proposed development respects the scale of Mutual Street because the height of the podium is approximately 80% of the width of the road allowance, and because the tower steps back 3.0 metres from the edge of the podium. In my opinion, the proposed separation distances are appropriate to protect for light and privacy, and to achieve suitable relationship with neighbouring buildings. Finally, the proposed development has acceptable wind and shadow impacts. The slender tower will cast a shadow that moves quickly across the park in the morning, and that will be completely off the park by 12 noon on both the equinoxes and both the solstices, satisfying the City’s performance standard (which relates to the fall equinox only.) 3.4 Tall Buildings: Location The explanatory text in the Official Plan states that tall buildings currently exist in many parts of the City including the Downtown and that

"When appropriately located and designed, tall buildings can support and draw attention to the city structure, visually reinforcing our civic centres and other areas of civic importance. In the context of Toronto‘s relatively flat topography, tall buildings help define the City‘s image. When the quality of architecture and site design is emphasized, tall buildings become important city landmarks" (p. 3-9).

Tall buildings accordingly are recognizing as playing an important role in urban design. The explanatory text goes on to state:

"Tall buildings, typically buildings whose height is greater than the width of the adjacent road allowance, are generally limited to parts of the Downtown, Centres, and other areas in which they are permitted by a Secondary Plan, an area specific policy, a comprehensive zoning by-law, site specific policies in effect as of the approval date of this Official Plan or site specific zoning that pre-dates approval of this Plan (p. 3-9).

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Given the zoning of the subject lands and other sites, which permits building heights greater than 20 metres (the width of Mutual Street), the subject lands are already in an area recognized by the Official Plan as an area where tall buildings are permitted. 3.5 Tall Buildings: Design Criteria The Official Plan calls for tall buildings to consist of three Parts:

"a) base building – provide definition and support at an appropriate scale for adjacent streets, parks and open spaces, integrate with adjacent buildings, minimize the impact of parking and servicing uses; b) middle (shaft) – design the floor plate size and shape with appropriate dimensions for the site, locate and orient it on the site and in relationship to the base building and adjacent buildings in a manner that satisfies the provisions of this Section; and c) top – design the top of tall buildings to contribute to the skyline character and integrate roof top mechanical systems into the design" (3.1.3.1).

The proposed development includes a 16.15-m, 5-storey podium as a base building a 27-storey shaft, and a top comprising the mechanical penthouse housed in a glass box that extends up from the side walls of the tower. Further description is provided in the Urban Design Brief prepared by SvN. The Official Plan also states:

"Tall building proposals will address key urban design considerations, including: a) meeting the built form principles of this Plan; b) demonstrating how the proposed building and site design will contribute to and reinforce the overall City structure; c) demonstrating how the proposed building and site design relate to the existing and/or planned context; d) taking into account the relationship of the site to topography and other tall buildings;

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e) providing high quality, comfortable and usable publicly accessible open space areas; and f) meeting the other goals and objectives of this Plan" (3.1.3.2).

The above general principles are discussed in the Urban Design Report and this Planning Justification Report. In my opinion they are they are addressed, as applicable, by the proposed development. The proposed tall building is compatible with, and reinforces city structure, because it will be located in an area of the Downtown where tall buildings have been recognized as appropriate for many years. Like the approved 30-storey Ryerson residence and the proposed 38-storey Tribute tower, the proposed 32-storey tower will provide transition between the existing and approved tall buildings, generally to the west and southwest, which are 12-28 storeys in height, and the 42-47 storey buildings at the Dundas/Jarvis gateway which, through recent zoning approvals, has become a tall building gateway, as recognized in the Council-adopted OPA 82 (2015). The proposed building height, is accordingly, in keeping with the City structure. The proposed tower will have an appropriate relationship to neighbouring tall buildings, both existing and potential future ones, consistent with the intent of the City's tall buildings guidelines, as reviewed in the Urban Design Report and elsewhere in this report. The size of the site is not conducive to the dedication of a publicly usable open space area, but the ground/mezzanine floor levels are stepped back along Mutual Street to create a partially sheltered sidewalk zone of 6.0 metres which will provide an amenity for pedestrians. 3.6 Communal Amenity Space for the Residents The Official Plan requires the provision of amenity space for apartment residents as follows:

"Every significant new multi-unit residential development will provide indoor and outdoor amenity space for residents of the new development. Each resident of such development will have access to

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outdoor amenity spaces such as balconies, terraces, courtyards, rooftop gardens and other types of outdoor spaces" (3.1.2.6).

The foregoing policy is implemented in By-law 438-86 by requirements for 2 square metres of indoor amenity space and 2 square metres of outdoor amenity space for each dwelling unit in a building containing over 20 dwelling units. A different approach has been adopted in By-law 569-2013, which reads as follows:

"Amenity Space for Buildings with 20 or More Dwelling Units: In the CR zone, a building with 20 or more dwelling units must provide amenity space at a minimum rate of 4.0 square metres for each dwelling unit, of which: (A) at least 2.0 metres for each dwelling unit is indoor amenity space; (B) at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and (C) no more than 25% of the outdoor component may be a green roof" (40.10.40.50).

The effect of the above provision is to place a greater emphasis on the provision of indoor amenity space over outdoor amenity space. Under the provisions of By-law 569-2013, almost the entire amenity space requirement (all but 40 square metres) could be met by indoor amenity space. In the proposed development there would be 749 square metres of indoor amenity space and 375 square metres of outdoor amenity space, all of which is directly accessible from one of the indoor amenity spaces. None of the outdoor space would be encumbered by the green roof which will occupy 300 square metres on the roof of the tower. The rate of provision is 2.7 square metres of indoor amenity space per unit, and 1.4 square metres of outdoor amenity space per unit, for a total of 4.1 square metres of amenity space per unit. The outdoor amenity space provision falls short according to By-law 438-86, but all of the amenity space requirements are met according to By-law 569-2013. In my opinion, since By-law 569-2013 reflects the City's latest thinking in terms of amenity space provision for apartment buildings, and since By-law

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569-2013, although not in force, was drawn up to implement the City's current Official Plan, the level of amenity space provision in the proposed development is appropriate. 3.7 Rental Housing The existing buildings on the subject lands contain 12 rental residential units. Because the number of units exceeds six, and because at least some of the rents are in the low range, The Official Plan states that the following be secured:

"i) at least the same number, size and type of rental housing units are replaced and maintained with rents similar to those in effect at the time the redevelopment application is made; ii) for a period of at least 10 years, rents for replacement units will be the rent at first occupancy increased annually by not more than the Provincial Rent Increase Guideline or a similar guideline as Council may approve from time to time; and iii) an acceptable tenant relocation and assistance plan addressing the right to return to occupy one of the replacement units at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship" (3.2.1.6).

The Housing Issues Report prepared by the Planning Partnership provides the Owner's commitment to meeting the above requirements. In particular, the 12 rental units will be replaced by similarly sized units on the third floor of the podium of the new building. In my opinion, the rental housing protection policies of the Official Plan are addressed by the applicant's proposals, and no official plan amendment is required. 3.8 St. Michael's Hospital Heliport Flight Path The Official Plan states that:

"New buildings and structures in the vicinity of hospital heliports will be sited and massed to protect the continued use of flight paths to hospital heliports" (4.8.4).

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The subject lands fall beneath the Registered Flight Path of the St. Michael's Hospital heliport (August 6, 2015). The proposed tower falls within the maximum height range allowed in this location and accordingly the flight path is protected. 3.9 Downtown East Planning Study - OPA 82 As an outcome of the Downtown East Planning Study, Council, on April 2, 2015, adopted OPA 82 which main affects lands located east of Jarvis Street, but also lands on the west side of Jarvis Street. OPA 82 has been appealed by seven parties and accordingly is not in force. A prehearing conference was held in September 2015, and a further one is scheduled for January 2016. OPA 82 does not apply to the subject lands, but it provides some guidance for the general neighbourhood context. OPA 82 recognizes the policy importance of the intersection of Dundas and Jarvis Streets as a gateway: "The corner of Dundas and Jarvis is an important gateway to the Downtown East. Framing these corners with tall buildings is appropriate" (Table 4.1). Within the OPA 82 area, a minimum tower separation distance of 25 metres applies (3.14), but setbacks from property lines are not specified. A maximum tower floorplate size of 750 square metres is encouraged (3.13). No maximum building heights are established. The following shadow-related criteria relating to shadows are provided:

3.5 No net new shadows are permitted on Allan Gardens as measured on March 21 and September 21 from 10 a.m. to 6 p.m. 5 City of Toronto By-law No. 388-2015 3.6 No net new shadows are permitted on conservatory buildings in Allan Gardens or any significant permanent structures that exist or are planned at the time of the development application, as measured on March 21, September 21, June 21 and December 21 at all times of the day. 3.7 No net new shadows are permitted on Moss Park as measured on March 21 and September 21 from 10 a.m. to 6 p.m.

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3.8 No net new shadows will be allowed on the playground of École Gabriele Roy measured from September 21 to June 21 from 10 a.m. to 4 p.m.

Although OPA 82 is not applicable to the subject lands, it should be noted that the proposed development meets the above shadow-related criteria. The City is currently preparing a plan for the Garden District Heritage Conservation District (GDHCD) which is complementary to OPA 82. The proposed boundaries of the GDHCD are shown on Figure 2. The GDHCD would be located entirely east of Jarvis Street and accordingly does not include the subject lands or any other properties on Mutual Street. 3.10 Official Plan: Conclusion In my opinion, the proposed development and the requested rezoning are in conformity with the Official Plan.

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4.0 Zoning The former City of Toronto Zoning By-law, By-law 438-86, zones the subject lands as CR "Mixed Use District" with a maximum density of 4.0 FSI. Up to 0.5 FSI of the permitted 4.0 FSI may be used for commercial purposes. The City's new comprehensive zoning by-law, By-law 569-2013, zones the subject lands CR (Commercial Residential), also with a maximum density of 4.0 FSI, with up to 0.5 FSI used for commercial purposes. By-law 569-2013, Exception 2211, states that site-specific provisions in Section 12(2)250 of By-law 438-86 continue to apply. Section 12(2)250 applies to the lands at 49-77 Mutual Street, which includes the subject lands, in addition to the Mutual frontage lands south to Shuter Street and north into part of the Tribute site. The provisions of Section 12(2)250, which were put in place by By-law 351-92, contain the following restrictions relevant to the subject lands, and adjoining properties to the south and north:

(a) a 70-degree angular plane measured from a line 6 metres above grade along the rear lot line (abutting the public lane);

(b) a 27-metre height limit; and (c) a 3-metre setback from Mutual Street.

In my opinion, the above site-specific restrictions are now obsolete because they do not allow for a sufficiently efficient use of the lands, given the evolution of the local area towards much taller buildings. Setbacks will however still be provided from Mutual Street at the ground/mezzanine levels (3.084 metres) and the tower levels (3.0 metres). Site-specific zoning by-law extracts may be found in Appendix 1 to this report.

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5.0 City of Toronto Guidelines for Tall Buildings 5.1 Tall Buildings Guidelines (2013)("TBG") The TBG contain three principal numeric parameters relating to the design of tall buildings: (a) a maximum base building height equivalent to 80% of the width

of the abutting road allowance; (b) a maximum tower floorplate size of 750 square metres; and

(c) 12.5-metre setbacks from side and rear property lines, or the centre line of an abutting public lane, to achieve a separation distance between towers of 25 metres;

With a base building height of 16.3 metres (81.5% of the Mutual Street road allowance width), and a tower floor plate of 536 square metres, the proposed development is in keeping with the intent of guidelines (a) and (b) above. The proposed tower setbacks and separation distances are set out in the following table. Figure 13 - Proposed Tower Setbacks and Separation Distances Direction Tower Setback Separation Distance from

Proposed Tower North (Side) 1.2 m from north lot line 21.99 m to proposed Tribute tower

15.6 m to approved Ryerson tower East (Rear) 8.2 m from centre line of public

lane 20 m to Hazelburn Co-op

South (Side) 7.373 m from south lot line 20 m to hypothetical tower between subject lands and Shuter Street

The purpose of the setback requirement, in guideline (c), as explained in the TBG, is to avoid a "first-to-the post scenario, whereby the need to provide access to sunlight, sky view, privacy, and daylighting, may restrict adjacent sites from developing in a similar manner" (p. 50). The only adjoining rezoning to have been approved by the City, in the context of the City's tall building guidelines, is that required for the Ryerson site, where the required setback of the tower is 0 metres from the public lane

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(= 3.0 metres from the centre line of the lane) and 6.2 metres from the south lot line (Source: By-law 1028-2014). Here, the City did not require 12.5-metre setbacks, with the result that the approved Ryerson tower is closer to the subject lands than the guidelines would suggest. The Ryerson case is the very kind of "first-to-the-post" approval that the City guideline discourages. However, the key variables, from a planning point of view, are not so much the minimum property line setback as the orientation of the buildings and the separation distance. Because the Ryerson tower is offset from the proposed tower on the subject lands, and for the reasons set out in the Urban Design Brief, it is my opinion that the proposed 15-metre separation distance between the Ryerson tower and the proposed tower on the subject lands is acceptable. Similarly, for the reasons set out in the Urban Design Brief, it is my opinion that the separation distances between the proposed tower on the subject lands, and the existing Hazelburn building, the proposed Tribute building and the hypothetical tower on the a land assembly to the south, are acceptable, notwithstanding deficiencies in setbacks from property lines. The result will be a logical spacing of a total of eight tall buildings within the subject block. 5.2 Downtown Tall Buildings: Vision and Supplementary Design Guidelines

(2012/2013) "DTB" The DTB guidelines recognize that "tall buildings are a defining feature of the Downtown" (p. 1) and provides guidance as to appropriate locations for tall buildings in several height range categories. The subject lands front onto Mutual Street which the DTB categorizes as a "Secondary High Street" (see Figure 14). Shuter Street is another "Secondary High Street". Nearby Dundas and Jarvis Streets are categorized as "High Streets". On all four streets, the prescribed building type is Tower/Base. The prescribed height ranges are 62-107 metres (20-35 storeys) for Dundas Street and 47-77 metres (15-25 storeys) for Jarvis Street (see Figure 15). Height limits are not prescribed for secondary high streets, but heights along such streets are expected to be up to two thirds of the height of the next parallel High Street.

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SUBJECT LANDS

SUBJECT LANDS

FIGURE 15

FIGURE 14

Downtown Vision Height Map

High Streets MapSource: Downtown Tall Buildings - Vision and Supplementary Design Guidelines - Map 1

Source: Downtown Tall Buildings - Vision and Supplementary Design Guidelines - Map 2

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The DTB guidelines indicate that no new net shadow is to be cast on (1) signature parks, e.g. Moss Park, between 10 a.m. and 4 p.m. on Sept. 21 and (2) on all other parks, e.g. Arena Gardens Park, between 12 noon and 2 p.m. on Sept. 21. As reviewed in the Urban Design Report, the proposed tower will have no shadow impact on signature parks (e.g. Moss Park) or other parks (e.g. Arena Gardens Park) during the set time periods, and accordingly the DTB guidelines in terms of shadow impact are complied with. 5.3 Local Application of the Tall Building Guidelines. The earliest of the tall buildings in Figure 6 to be approved in the context of the City's tall building guidelines was Pace, which was evaluated in the context of the Tall Building Guidelines (2006), and the Tall Buildings Downtown Study (2010). The next five have been evaluated in the context of the Tall Buildings Guidelines (2013) and the Downtown Tall Buildings Vision and Supplementary Guidance (2013), as summarized below. Pace At the time that 42-storey Pace was being considered, the Tall Buildings Downtown Study had recommended a maximum building height of 25 storeys in this location. However, in supporting Pace's tower height, the staff report noted the proximity of Ryerson University and Yonge Street (500 metres away), the lack of reinvestment in the area to date, and the area's built form fabric. Staff stated that "the proposed development [at 42 storeys] will continue a trend of 40 to 50-storey tall buildings expanding from Yonge Street towards the west side of Jarvis Street" (Final Report, Zoning Amendment Application 11 144529 STE 27 OZ, Oct. 17, 2011). Also at that time, the Tall Buildings Downtown Study had recommended a 10-metre setback of tall buildings from the side or rear property line, or centre line of an adjacent lane, with the overall objective of achieving a 20-metre separation distance between tall buildings. The approved tower setbacks, as set out in the zoning by-law, generally achieved the recommended setbacks (9.7 metres from the west lot line and approximately 9-10 metres from the centre line of the lane), but the resulting separation distance from the 14-storey building at 192 Jarvis Street, south of the lane, was approximately 14 metres (see Figure 16).

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Figure 17 - East side of Mutual Street - 192 Jarvis Street, Grand Hotel (Amexon) and Hazelburn Co-op in background. The Ryerson Residence will occupy the area between 192 Jarvis and the Hazelburn Co-op, blocking this view of the Grand Hotel.

Figure 16 - East side of Mutual Street - Pace and 192 Jarvis Street in background

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Although the recommended setback of 10 metres from the west lot line was generally achieved, staff anticipated that the balance of the Dundas block face, between Pace and Mutual Street, could be developed for a mid-rise building effectively extending the podium of Pace. From this standpoint, there would be no concern for separation distance, and no need for the 10-metre setback from the side lot line. Dundas Square Gardens The DTB identifies the site of Dundas Square Gardents, i.e. the northeast corner of Dundas and Jarvis Streets, as falling within an area designated for building heights of 15-25 storeys. However, because Pace had been approved at 42 storeys, and because transition was provided, within the Dundas Square Gardens development to the low-rise area to the east, the proposed 47-storey height for Dundas Square Gardens tower was considered by staff to be "in keeping with the evolving context of the area" and therefore acceptable (Final Report, Zoning Amendment Application 11 295873 STE 27 OZ, May 30, 2013). At 8.0 metres, the north side yard of the Dundas Square tower did not achieve the 12.5 metres recommended in the guidelines. This was found to be acceptable by staff because of the blank facing wall condition of the adjoining 7-storey apartment building, which is of recent construction. Subsequently, the Committee of Adjustment granted a minor variance increasing the maximum permitted tower height from 139.5 m to 146.6 m (A0836/14TEY), and, subsequent to that decision, the proponent increased the number of storeys from 47 to 50. Core The DTB identifies the site as falling within area designated for building heights of 13 to 23 storeys. As finally approved at 24 storeys, Core is just above this height range. The penultimate site plan for the tower showed setbacks of 6 metres from the north lot line and 8.5 metres from the east lot line, both of which were found by staff to be acceptable because they were considered to be improvements on the zero setbacks in the in-force zoning by-law for an 11-storey building, and because they were mitigated by curved corners (Final Report, Zoning Amendment Application 12 193153 STE 27 OZ, August 8,

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2013). These setbacks were subsequently further reduced to 0 metres (north) and 5.5 metres (east)(Source: By-law 86-2014). Ryerson Residence The DTB identifies the site, at 186-188 Jarvis Street (see Figure 17), as falling within area designated for building heights of 15 to 25 storeys. The staff analysis concluded that the proposed 30-storey building height for the Ryerson Residence was appropriate because it provided for a transition down from the height of the approved Pace tower (stated as 43 storeys, which would include the mezzanine) and because it "maintains the existing and planned built form context on this section of Jarvis Street" (Final Report, Zoning Amendment Application 122 245456 STE 27 OZ, July 14, 2014). The proposed tower setbacks of 6.5 metres, from Hazelburn's blank wall, and 10.5 metres, from the balconies of 178 Jarvis Street, although deficient according to the DTB which requires 12.5 metres, were found by staff to be acceptable because they improved on the zero setbacks in the in-force zoning by-law for a 45-metre high building and because they provided an "increased sense of privacy for the residents of the site and neighbouring properties", thereby meeting the intent of the Tall Building Guidelines (3.2.3). Grid The DTB identifies the Grid site, at the southeast corner of Dundas and Jarvis Streets (see Figure 18), as falling within area designated for building heights of 15 to 25 storeys. The staff analysis concluded that the proposed 47-storey height was appropriate given the recent approvals for Pace (42 storeys) and Dundas Square Gardens (47 storeys) and two of the other corners of the same intersection. The proposed tower setback of 3.0 metres from the east lot line, although deficient according to the DTB which requires 12.5 metres, was found to be acceptable because no tall buildings are envisaged further east along Dundas Street, and therefore tower separation distance would not be a concern. Similarly the proposed tower setback of 5.0 metres from the south lot line because it would be capable of having a separation distance of 25 metres

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Figure 18 - Dundas/Jarvis Gateway - South side of Dundas Street - Grid Site - 192 Jarvis Street and Pace in background. from the single tower thought to be feasible on the Grand Hotel lands to the south. The Ontario Municipal Board was later to disagree with this finding, and imposed a south side yard requirement of 12.5 metres. 5.4 Tall Building Guidelines: Summary In my opinion, the approvals granted to the Pace, Dundas Square Gardens and Grid proposals must be given significant weight in the consideration of appropriate building height in this area. As has been recognized in OPA 82, the Dundas/Jarvis node will become a significant gateway marked by very tall buildings with heights well in excess of those recommended in the TBD guidelines. Although adopted only recently, the TBD guidelines do not reflect this new reality. Because, like the 30-storey Ryerson Residence and the proposed Tribute tower, the subject lands are in close proximity to the Dundas/Jarvis gateway, it is appropriate to consider a building height that will step up to the gateway

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heights from the lower tall building heights, existing and approved, to the southwest (See Figures 19-22). The TBD guidelines indicate that "Secondary High Streets" such as Mutual Street are to have two thirds the height of the next parallel "High Street". Applying that principle, a building height of 32 storeys (which is approximately two thirds the height of the approved Grid and Dundas Square Gardens towers) is supportive of the City's structure, and in keeping with the general intent of the TBD guidelines, taking into account the evolution of the area. In my opinion, the proposed Tower/Base building type, the proposed separation distances, and the proposed buiding height on the subject lands are an appropriate response to the City's guidelines, having regard for the emergence of the Dundas/Jarvis gateway, and the pattern of development in the block. The City Planning Department development reviews in this immediate area also have not applied the guidelines literally, and have taken local circumstances into account.

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Figure 22 - View across Moss Park to Core site (red crane) and Pace

Figure 19 - View from Mutual Street across Shuter Street to the Lee site and the Jazz tower

Figure 21 - View from Queen Street across the Lee site to Jazz, the Core site (red crane) and Pace

Figure 20 - View from Queen Street across the Lee site to the Core site (red crane) and Pace

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6.0 Planning Justification Summary Arising from the discussion in this report, the following will present the key points justifying the proposed development and requested rezoning. Provincial Policy and Official Plan 1. The requested rezoning to permit a 32-storey apartment building is consistent with the PPS, conforms with the Growth Plan and the City of Toronto Official Plan, and advances the objectives of all three policy documents. Location of Subject Lands 2. The subject lands are within the Toronto Downtown, an Urban Growth Centre, where the highest minimum densities are targeted in the Growth Plan. 3. The subject lands are within an area where tall buildings are an established townscape feature, which provides an appropriate context for more tall buildings. The resulting high density, as in the subject proposal, makes efficient use of the land. 4. The subject lands are within walking distance of two subway stations on Line 1, and streetcar stops on the Dundas and Queen lines, and accordingly achieving a high density on the subject lands is transit-supportive. 5. The subject lands are within walking distance of a wide array of community facilities, retail and service commercial uses and employment establishments, and accordingly the efficient use of the site promotes active transportation. City Structure 6. The proposed density of 16.3 FSI falls within the range being approved for other sites in the vicinity, and is appropriate in this area of the Downtown. 7. The proposed building height of 32 storeys will provide a transition between the buildings in the 12-28 storey range, located generally to the

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southwest, and the greater building heights in the 42-50 storey range in the Dundas/Jarvis Gateway, immediately to the northeast of the subject lands. 8. The proposed building height of 32 storeys is compatible with the designation of Mutual Street as a Secondary High Street in the TBD guidelines, because it is approximately two thirds of the approved building heights on the immediately adjoining High Streets (Dundas and Jarvis Streets), which are up to 50 storeys. Built Form 9. The proposed Tower/Base building typology is in keeping with the TBD guidance for Mutual Street. 10. At 536 square metres, the tower floorplate is exceptionally slender, falling well beneath the TBG maximum. 11. The Base Building height is approximately 80% of the width of the Mutual Street right-of-way, consistent with the TBG guideline, which, coupled with the 3.0-metre stepback of the tower, will create an appropriately proportioned building in relation to Mutual Street and Arena Gardens Park. 12. The additional shadows cast by the proposed building on Arena Gardens Park in the morning are minimal, and because there is no shadow during the specified timeframe of 12 noon - 2:00 p.m. on September 21, the shadow impact fully complies with the performance standard established in the TBD guideline. 13. Although the minimum 12.5 m tower setbacks from property lines or lane centre line are not met, the separation distances between the proposed tower on the subject lands and the proposed Tribute tower, the Ryerson Residence tower now under construction, the Hazelburn Co-op, and a hypothetical tower at the northeast corner of Shuter and Mutual Streets are all appropriate and will provide adequate light and views for future residents. Housing 14. The proposed project incorporates a mix of unit sizes, including 28 three-bedroom units (10% of the total) which will be attractive to households with children.

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15. The proposed project will provide 12 rental units on the third floor of the podium to compensate for the demolition of the existing rental housing stock on the site, under terms which are in full conformity with the Toronto Official Plan. Amenity 16. The ground and second floors are recessed, creating a public sidewalk zone with a width of six metres along Mutual Street, providing space for planting large-canopy trees in the boulevard. 17. The City's current amenity space standards are met with a combination of communal indoor and outdoor spaces as envisaged in the Official Plan, with the outdoor space being contiguous with the largest indoor space. Active Transportation 18. In addition to the site's locational attributes, described above, which promote walking and cycling, the minimized parking supply will have the effect of attracting residents who are committed to walking and cycling. 19. The proposed project contains a supply of bicycle parking spaces that exceeds the By-law 569-2013 requirements for both residents and visitors, and locates the visitor parking and 78% of the resident parking conveniently at grade and protected within the building, thereby providing full support to cycling. The bicycle parking supply meets the Tier 2 performance standard in the Toronto Green Standards. 20. The alignment of the podium spanning the full frontage of the lot, together with the 6-metre wide sidewalk zone mentioned above, will create attractive conditions for pedestrians.

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7.0 Conclusion In my opinion, the proposed rezoning of the subject lands to permit the construction of a 32-storey apartment building is consistent with the PPS, and conforms with the Growth Plan and the Official Plan. It also in keeping with the general intent of the City's applicable tall building guidelines. A draft zoning by-law, incorporating the key development parameters, may be found in Appendix 2.

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APPENDIX 1

Site-Specific Zoning Extracts

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City of Toronto By-law 569-2013 Section 900.11.10 - Exceptions to the CR Zone The following site-specific exception applies to lands on the east side of Mutual Street, north of Shuter Street, including the subject lands. The extract refers to Section 12(2)250 of By-law 438-86, as amended – see By-law 351-92 on next page. "(2211) Exception CR 2211 The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections. Site Specific Provisions: (A) On the lands, a parking facility is only permitted, if: (i) it is located on the same lot as a residential building, non-residential building, or a mixed use building; and (ii) it has no more than 125% of the number of parking spaces required to be provided for the building on the lot. [TO: 438-86; 12 (2) 80] Prevailing By-laws and Prevailing Sections: (A) Section 12(1) 333 of former City of Toronto By-law 438-86; (B) Section 12(2) 132 of former City of Toronto By-law 438-86; (C) Section 12(2) 216 of former City of Toronto By-law 438-86; (D) On the lands municipally known as 49 to 77 Mutual St. (odd only), Section 12 (2) 250 of former City of Toronto By-law 438-86; and (E) On the odd numbered addresses of 51A-53A Mutual St., former City of Toronto by-law 33-93." (emphasis added).

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No. 351-92. A BY-LAW

To amend By-law No, 438-86 to impose height and setback limitations in an area located east of Mutual Street,south ofOundas Street and north of Shuter Street.

(Passed May 4,1992.)

WHEREAS City Council at its meeting held on the 4th day of May, 1992 adopted Clause 10 of Land UseCommittee Report No. 6;

THEREFORE, the Council of The Corporation of the City of Toronto enacts as follows:

1. Section 12 (2) of By-law No. 438-86, as amended, being "A By-law To regulate the use of land and theerection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certainuses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto.",is further amended by adding thereto the following exception and the map attached hereto and forming part of thisBy-law:

"250 No person shall on the lands shown on the map designated "Block-Mutual and Shuter Streets"erect or use a building or structure:

(a) which projects beyond a 70 degree angular plane measured from the horizontal over theaforesaid lands from a height above grade of 6 metres above that portion of the easterlylimit of the aforesaid lands which is south of the lane running easterly from MutualStreet, first north of Shuter Street;

(b) which exceeds a height above grade of 27 metres;

(c) which extends above grade within the setback areas identified on the aforesaid map as"Setback Area A" and "Setback Area B", provided that canopies, porches, unenclosedstairs and landscaping elements may extend within Setback Area A or Setback Area B.

The aforesaid angular plane and height limits do not prevent the erection or use of those elements,enclosures and structures set out in Sections 4(2)(a) (i) and (ii) of the aforesaid By-law No. 438-86 inaccordance with the provisions contained therein.

2. By-law No. 169-79, being "A By-law to amend By-law No. 20623 respecting the imposition of a heightlimitation in an area located east of Mutual Street, south of Dundas Street and north of Shuter." is hereby repealed.

JUNE ROWLANDS,Mayor.

Council Chamber,Toioiilo, May 4, 1992.

(L.S.)

BARBARA G. CAPLANCity Clerk.

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1992 CITY OF TORONTO BY-LAWSNo. 351-92

BLOCK - MUTUAL AND SHUTERSTREETS

U

trh-to

32.0

LANEU.3.0

if)r^

a

3.0

SHUTER STREET

cri—uo

cr<r

LANDS REFERRED TO INSECTION 12(2) 250

DEPARTMENT OF PLWJC WOBKSAND THE ENVIRONMENT

SURVEY AND MAPPING SECTIONTORONTO APR*. 1981FILES: MO2.S3. 2402.68. MIS-Z2

MAP NO. SlH-311 DRAWN M.Q.R.

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APPENDIX 2

Draft Zoning By-law for Subject Lands

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Draft Dec. 10, 2015

CITY OF TORONTO BY-LAW No. XXX-2016

To amend the General Zoning By-law No. 438-86, as amended, of the former City of Toronto with respect to the lands municipally known as 59-71 Mutual Street

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

WHEREAS pursuant to Section 37 of the Planning Act, the Council of a municipality may in a By-law under Section 34 of the Planning Act, authorize increases in the height or density of development beyond those otherwise permitted by the by-law in return for the provision of such facilities, services or matters as are set in the by-law; and

WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in height and density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; and

WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters, as hereinafter set forth; and

WHEREAS the increases in the density or height permitted hereunder, beyond those otherwise permitted in the aforesaid lands by By-law No. 438-86 of the City of Toronto, as amended, are to be permitted in return for the provision of the facilities, services and matters set out in this By-law and are to be secured by one or more agreements between the owner of such lands and the City of Toronto (the "City"); and

WHEREAS Council has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increases in height and density in connection with the aforesaid lands as permitted in this By-law;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Pursuant to Section 37 of the Planning Act, the heights and density of developmentpermitted in this By-law are permitted subject to compliance with all of theconditions set out in this By-law and in return for the provision by the owner of thelot of the facilities, services and matters, to the City at the owner's sole expense andin accordance with and subject to the agreement referred to in Section 5(l) of this By-law.

2. Upon execution and registration of an agreement or agreements with the owner of thelot pursuant to Section 37 of the Planning Act securing the provision of the facilities,services and matters set out in Appendix 1 hereof, the lot is subject to the provisions

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of this By-law, provided that in the event the said agreement(s) requires the provision of a facility, service or matter as a precondition to the issuance of a building permit, the owner may not erect or use such building until the owner has satisfied the said requirements.

3. The owner of the lot shall ensure that all water mains, sanitary and storm sewers andappropriate appurtenances required for the development of this lot have been built orsecured via a letter of credit acceptable to the Director of Technical Services prior tothe issuance of a below grade building permit.

4. Except as otherwise provided herein, the provisions of By-law No. 438-86, asamended, shall continue to apply to the lot.

5. None of the provisions of Section 2 with respect to the definition of grade, height andbicycle parking space and Sections 4(2)(a), 4(5), 4(10), 4(12), 4(13), 4(14), 4(16),8(3) Part I 1. and 3. and 12(2)250 of By-law No. 438-86 of the former City ofToronto, being "A By-law to regulate the use of land and the erection, use, bulk,height, spacing of and other matters relating to buildings and structures and toprohibit certain uses of lands and the erection and use of certain buildings andstructures in various areas of the City of Toronto", as amended, shall apply to preventthe erection or use of an apartment building, including accessory uses thereto on thelot provided that:

a. the lot on which the building is to be located comprises at least those landsdelineated by a heavy line on Map 1, attached to and forming part of this By-law;

b. the total aggregate residential gross floor area shall not exceed 17,800 squaremetres;

c. the height of any building or structure, or portion thereof, includingmechanical and elevator/stair overrun, shall not exceed those heights asindicated by the numbers following the symbol H on the attached Map 2, withthe exception of the following:

i. parapets, window washing equipment, lighting fixtures, vents, flues,pipes, access roof hatch extending to a maximum vertical projectionof 0.5 metre above the 100-metre height limit shown on Map 2;

ii. parapets, terrace or balcony guards and dividers, planters and railingsextending to a maximum vertical projection of 2.0 metres above the5.0-metre and 16.5-metre height limits shown on Map 2;

iii. window washing equipment, landscape elements, lighting fixtures,vents, flues, pipes, access roof hatch, and structures located on theroof used for outside or open air recreation, safety or wind protectionpurposes may project above the 5.0-metre and 16.5-metre heightlimits shown on Map 2;

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d. no portion of any building or structure erected and used above grade islocated otherwise than wholly within the areas delineated by heavy linesshown on Map 2 attached to and forming part of this By-law, subject to thefollowing:

i. cornices, eaves, guardrails, and vents may extend beyond the heavylines shown on Map 2;

ii. awnings, and canopies may extend beyond the heavy lines shown onMap 2 to a maximum of 2.0 metres beyond the wall to which they areattached;

iii. balconies may extend beyond the heavy lines shown on Map 2 to amaximum of 2.0 metres but may not project beyond the edge of thearea subject to a 16.0-metre height limit as shown on Map 2; and

iv. retaining walls and landscape elements of maximum height of 3.0metres may extend beyond the heavy lines shown on Map 2 but maynot extend beyond the east lot line.

e. parking spaces shall be provided and maintained on the lot in accordancewith the following:

i. a minimum of 57 parking spaces are required on the lot, of which aminimum of 23 parking spaces shall be for visitor parking and aminimum of 10 parking spaces shall be used as car share parkingspaces; and

ii. the visitor parking spaces required to be provided and maintained onthe lot pursuant to this By-law shall be reserved at all times forvisitors to the residential portion of the building and shall beindividually designated by means of clearly visible signs as being forthe exclusive use of visitors to the building.

f. the minimum length of up to 28 required parking spaces is 5.4 metres.

g. the minimum width of the drive aisle is 5.5 metres where abuttingperpendicular parking spaces have a width of at least 3.0 metres.

h. a minimum of 1.08 bicycle parking spaces per unit are provided for residentsand a minimum of 0.12 bicycle parking spaces per unit are provided forvisitors.

i. residential amenity space shall be provided on the lot as follows:i. a minimum of 740 square metres of indoor residential amenity space;

andii. a minimum of 360 square metres of outdoor residential amenity space

in a location that is contiguous to indoor residential amenity space;and

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j. the owner of the lot enters into an agreement with the City, pursuant toSection 37(3) of the Planning Act, to secure the facilities, services andmatters referred to in Appendix 1 attached to this By-law and that such anagreement be registered on title to the lot.

6. For the purpose of this By-law:

a. "car-share" means the practice where a number of people share the use of oneor more cars that are owned by a profit or non-profit car-sharing organizationand where such organization may require that use of cars be reserved inadvance, charge fees based on time and/or kilometers driven, and setmembership requirements of the car-sharing organization, including thepayment of a membership fee that may or may not be refundable;

b. "car-share motor vehicle" means a motor vehicle available for short termrental, including an option for hourly rental, for the use of at least theoccupants of a building erected within the site;

c. "car-share parking space" means a parking space used exclusively for theparking of a car-share motor vehicle;

d. "grade" shall mean 88.2 metres Canadian Geodetic Datum;

e. "height" shall mean the vertical distance between grade and the highest pointof the roof, excluding permitted projections identified in section 5(c) of thisBy-law; and

f. each other word or expression that is italicized shall have the same meaningas each such word or expression as defined in By-law No. 438-86, asamended.

7. Despite any existing or future severance, partition or division of the lot, theprovisions of this by-law shall apply to the whole lot as if no severance, partition ordivision occurred.

8. Except as otherwise provided herein, the provisions of By-law No. 438-86, asamended, shall continue to apply to the lot.

ENACTED AND PASSED this _____ day of ______________ A.D. 2016.

_____________________________________ _______________________________ Speaker City Clerk

(Corporate Seal)

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Appendix "1"

Section 37 Provisions

The facilities, services and matters set out herein are the matters required to be provided by the owner of that lot at its expense to the City in accordance with an agreement or agreements, pursuant to Section 37(3) of the Planning Act, in a form satisfactory to the City and the owner with conditions providing for indexing escalation of both the financial contributions and letters of credit, indemnity, insurance, GST, termination and unwinding, and registration and priority of agreement:

[requirements to be determined]

The owner of the lot shall enter into and register on title to the lot and on title to the lands known municipally in the year 2016 as 59-71 Mutual Street, one or more agreements with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, in consultation with Chief Planner and Executive Director, City Planning Division, to secure the facilities matters set forth in this Appendix.

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Not to Scale

Map 1

City Planning

Map 1File # XX XXXX XXX XX OZ

N73°55'10"E10.21 N72°19'50"E20.36

N16°44'2

0"W

15.1

8

N73°30'20"E1.54

N16°43'2

0"W

12.1

9

N16°44'4

5"W

36.8

3

N73°25'20"E

4.07N73°09'10"E

11.16

N71°57'10"E5.17

N74°37'20"E

4.17

N72°38'10"E

1.67

N73°27'50"E

2.69

N16°13'0

0"W

9.6

6

MUTUAL STREET

PUBLIC LA

NE

to be conveyed

Lane Widening

59 - 71 Mutual Street

26/11/15

0

drawing reference Plan N: LSG-3270 dated September 17, 2015. All dimensions in metres.

Survey informaton from Boundary and Topographic Survey by Land Survey Group

Note:

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MUTUAL STREET

PUBLIC LA

NE

59 - 71 Mutual Street

26/11/15

H 1002.5

1.1

3.0

7.0 H 16.5

Map 2

Map 2

Not to Scale

City Planning

File # XX XXXX XXX XX OZ

2.0

H 5

H denotes height in metres above established grade. All dimensions in metres.

Note:

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