Item - 2013.NY25.42

North York Community Council recommends that:

1.         City Council amend the Official Plan, for the lands at 5182-5192, 5200 and 5218 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 15 to report (May 29, 2013) from the Director, Community Planning, North York District, and revised, as necessary, in accordance with Recommendation No. 4(a)(ix) below.

2.         City Council amend Zoning By-law No. 7625,  for the lands at 5182-5192, 5200 and 5218 Yonge Street,  substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 16 to report (May 29, 2013) from the Director, Community Planning, North York District, and revised, as necessary, in accordance with Recommendation No. 4(a)(ix) below.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          a minimum of 1,268 square metres of street related retail and service commercial uses located on the ground floor along the Yonge Street frontage, and is to include street related retail and service commercial uses located at grade within 30 metres of the property line and are directly accessible from the street;

ii.         an at grade bicycle room containing a total minimum of 37 bicycle parking spaces for the residential uses and a minimum of 4 bicycle parking spaces for the commercial uses, located on the ground floor accessible from the outside and having a minimum area of 85 square metres;

iii.        a minimum of 1.5 square metres per dwelling unit of indoor amenity space;

iv.        a monetary contribution in the form of a certified cheque to fund 2,836 square metres of proposed gross floor area, toward the provision of public recreation centres and social facilities and/or toward the cost of constructing and furnishing such facilities and/or toward the cost of the City acquiring lands necessary for the completion of planned service roads and associated road network and buffer areas in the North York Centre, and which shall be indexed upwardly to the Toronto Real Estate Board Market Watch Index from the date of the Section 37 Agreement execution. The amount of the monetary contribution shall be equal to the market value, based on land value, of 2,836 square metres of proposed gross floor area, as determined by the Director of Real Estate Services and provided to the City prior to the issuance of the first building permit;

v.         a density incentive of 2,180 square metres in return for the provision of a minimum of 545 square metres of the City retail space component of the Social Facility Space;

vi.        a density incentive of 208 square metres in return for the provision of a minimum of 52 square metres of the community space component of the Social Facility Space;

vii.       the provision of a minimum of 545 square metres of Social Facility Space for the City retail space, fronting on an east-west publicly accessible mews, substantially in accordance with the Draft Term Sheet attached as Attachment 17 and any further amendments as deemed appropriate by the Director of Real Estate, in consultation with the local Councillor;

viii.      the provision of a minimum of 52 square metres of Social Facility Space for the community space, for the use of a community association to be determined to the satisfaction of the Director of Real Estate Services in consultation with the local Councillor, substantially in accordance with the Draft Term Sheet attached as Attachment 17 and any further amendments as deemed appropriate by the Director of Real Estate in consultation with the local Councillor; and

ix.        at the option of the Director of Real Estate Services in consultation with the local councillor, the owner shall not be required to provide the 52 square metre community space component of the Social Facility referred to in Recommendation No. 4 (a) (viii), in which case the owner shall not be entitled to the density incentive of 208 square metres referred to in Recommendation No. 4 (a) (vi), but instead shall be required to make an additional monetary contribution in the form of a certified cheque to fund an additional 260 square metres of proposed gross floor area on the same terms and conditions as set out in Recommendation 4 (a) (iv).

b.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          the owner shall satisfactorily address Toronto Transit Commission (TTC) requirements regarding a TTC Technical Review, as indicated in their letter dated March 23, 2012;

ii.         the owner shall convey the property at 47 Princess Avenue to the City for park purposes prior to the issuance of the first above-grade building permit, or prior, as agreed upon by the General Manager of Parks, Forestry and Recreation, with such conveyance deemed to fully satisfy the parkland contribution requirements for the development, and with the details of timing of transfer and completion of works to be determined in consultation with Parks, Forestry and Recreation and the local Councillor;

iii.        the owner shall provide a public access easement in favour of the City over the publicly accessible mews and driveway, and all other required easements, to the satisfaction of the City Solicitor, in consultation with the applicable City departments; and

iv.        the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Committee.

c.         the following servicing matters be addressed to the satisfaction of the Executive Director of Development Services:

i.          a sanitary sewer analysis to identify any required improvements to the existing sanitary sewer system to provide for peak sanitary flows generated by the prposed development; and

ii.         hydrant flow analysis.

5.         City Council approve in principle the Draft Term Sheet attached as Attachment 17 to the report (May 29, 2013) from the Director, Community Planning, North York District, and  revised, as necessary, in accordance with Recommendation 4(a)(ix) above, regarding the provision of Social Facility Space and the Publicly Accessible Mews, subject to any further amendments as deemed appropriate by the Director of Real Estate in consultation with the local Councillor, and the terms be incorporated into the Section 37 agreement.

The applications propose to amend the North York Centre Secondary Plan and Zoning By-law to permit a 35-storey mixed-use commercial and residential building (117.7 metres high) with 374 residential units and 5,575 square metres of non-residential gross floor area.  The development will provide Social Facility Space including 545 square metres of City retail space and 52 square metres of community space proposed at the north end of the building.  A publicly accessible open space mews is also proposed along the north side of the building adjacent to the City retail space.

The proposal provides for a mix of uses, including Social Facility Space that will increase the diversity, vitality and interest of the North York Centre consistent with the objectives of the North York Centre Secondary Plan. The proposed development reinforces the existing and planned built form context along Yonge Street in this area, and the building design and proposed open space amenity areas will contribute to and enhance the public realm. 

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.