Item - 2018.TE29.19

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and other appropriate staff to attend at the Ontario Municipal Board in support of the settlement proposal by the Applicant described in the report (January 9, 2018) from the Acting Director, Community Planning, Toronto and East York District and set out in Attachment 1 - Applicant's Settlement Offer dated July 26, 2017 and the site plans in Attachments 2 to 7, subject to the conditions in the report (January 9, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of its final Order until:

a. the final form of Zoning By-Law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

b. the owner has entered into a Heritage Easement Agreement with the City for the property at 771 Yonge Street substantially in accordance with plans and drawings prepared by Giannone Petricone Associates Inc. Architects, (November 14, 2017), and the Heritage Impact Assessment prepared by Goldsmith Borgal and Company Ltd. Architects, (November 15, 2017), or otherwise revised in accordance with the settlement offer or Board Order, subject to and in accordance with the approved Conservation Plan required in Recommendation 2.c. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services and including execution and registration of such agreement to the satisfaction of the City Solicitor.

c. the owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 771Yonge Street, prepared by Goldsmith Borgal and Company Ltd. Architects, (November 15, 2017), or otherwise revised in accordance with the settlement offer or Board Order, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

d. the owner has entered into and registered on the lands at 767-773 Yonge Street one or more agreements with the City, pursuant to section 37 of the Planning Act, to secure at the owner's expense, with such facilities, services and matters to be additionally set forth in the related site specific Zoning By-law Amendments, and subject to the requirements for insurance, indemnity, securing of letters of credit and upwards indexing, the following all to the satisfaction of the Acting Chief Planner and Executive Director, City Planning and the City Solicitor:

i. the provision of community benefits pursuant to Section 37 of the Planning Act in the amount of not less than $1,880,000 to the satisfaction of the City Solicitor and the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for the following benefits:

A. An indexed cash contribution of $626,000 to be paid to the City prior to the issuance of the first above-grade building permit, to be allocated towards local area park or streetscape improvements, at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

B. An indexed cash contribution of $627,000 to be paid to the City prior to the issuance of the first above-grade building permit, to be allocated towards existing community, recreation and/or cultural space improvements in the ward, at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

C. An indexed cash contribution of $627,000 to be paid to the City prior to the issuance of the first above-grade building permit, to be allocated towards new or existing Toronto Community Housing and/or affordable housing;

D. The cash contributions referred to in Recommendation 2.d.i.A., B. and C. above are to be indexed in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City;

E. In the event the cash contributions referred to in Recommendation 2.d.i. above have not been used for the intended purposes within 3 years of the site specific By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

ii. the provision of a minimum of ten percent (10%) family sized residential dwelling units, containing at least three bedrooms, within the development, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;

iii. the provision of the following facilities, services and matters, to the satisfaction of the Senior Manager, Heritage Preservation Services:

A. prior to final site plan approval in connection with the Zoning By-law Amendment:

I. the owner shall provide final site plan drawings related to the approved Conservation Plan required in Recommendation 2.c. above, to the satisfaction of the Senior Manager, Heritage Preservation Services;

II. the owner shall provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Preservation Services, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

III. the owner shall provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character as viewed from the public realm, to the satisfaction of the Senior Manager, Heritage Preservation Services, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

IV. the owner shall submit a Signage Plan for the development to the satisfaction of the Senior Manager, Heritage Preservation Services; and

V. the owner shall submit a detailed Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services;

B. Prior to the issuance of any permit for all or any part of the property at 771 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

I. have obtained final approval for the necessary Zoning By-law Amendments required for the permitted alterations to the property at 771 Yonge Street, with such Amendments being the subject of an Ontario Municipal Board Order allowing the Zoning By-law appeal in part and in a form and with content acceptable to City Council as determined to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services, and with such by-laws having come into full force and effect;

II. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.c. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

III. provide a letter of credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan, and subsequently, prior to the release of the letter of credit to secure the conservation work:

a. the owner shall have obtained final site plan approval for the subject property, issued by the Acting Chief Planner and Executive Director, City Planning;

b. the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

c. the owner shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services; and

IV. provide full documentation of the existing heritage property at 771 Yonge Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in TIFF format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

V. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development will implement the plan during the course of construction. The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary.

e. the owner shall provide any necessary modifications to the transportation impact study, to the satisfaction of the General Manager, Transportation Services;

f. the owner shall provide any necessary modifications to the functional servicing and stormwater management report(s), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner shall provide any necessary modifications to the hydrogeology assessment, geotechnical report and associated municipal servicing plans, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

h. the owner shall enter into a financially secured agreement with the City (the Section 37 Agreement) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Site Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

On January 19, 2017, the applicant appealed its application for a 48-storey (166-metre) mixed-use building with 257 residential units and a density of 19.9 times the area of the lot to the Ontario Municipal Board due to Council's failure to enact the requested amendment within the time allotted by the Planning Act.

On July 27, 2017, after the appeal, the applicant submitted a "With Prejudice" settlement offer, reducing the height of the mixed-use building to 25 storeys (81.7 metres), with 136 residential units and a density of 14.8 times the area of the lot.

The purpose of this report is to seek City Council's direction with respect to the City's position at the Ontario Municipal Board hearing.

The site includes the 771Yonge Street property which is on the City's Heritage Register and is proposed to be conserved and altered. A separate report (December 1, 2017) from Heritage Preservation Services and recommendations from Toronto Preservation Board are scheduled to be considered with this report.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to support the settlement proposal at the Ontario Municipal Board.