Item - 2020.TE16.4

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (July 14, 2020) from the Director, Community Planning, Toronto and East York District.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment  2 to the report (July 14, 2020) from the Director, Community Planning, Toronto and East York District.

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

5. City Council require the owner to provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site.

6. City Council authorize the acceptance of a fee simple strata conveyance to the City, for nominal consideration, of part of the lands municipally known as 30 and 40 St. Clair Avenue West, as follows:

a. 1,763 square metres of land as an off-site parkland dedication pursuant to section 42 of the Planning Act, notwithstanding that this land is above an existing underground parking garage on the basis that an area greater than 10 percent of the development site is being secured to compensate for the stratification of the land; and

b. a minimum 743 square metres of additional parkland (also above an existing underground parking garage), to be provided as a community benefit pursuant to section 37 of the Planning Act,

for a total combined stratified park conveyance of 2,506 square metres (the foregoing parcels of land being hereafter collectively referred to as the “Combined Parkland Dedication”) with the final location, configuration and lower vertical limit of the off-site strata conveyance to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, subject to the reservation of any easements in favour of the subjacent lands for support and maintenance and repair of the parking garage situate therein, and together with any easements in the subjacent lands in favour of the Combined Parkland Dedication, as may be deemed appropriate by the Executive Director, Corporate Real Estate Management Division, in consultation with the General Manager, Parks, Forestry and Recreation and in form and substance satisfactory to the City Solicitor.

7. City Council direct the City Solicitor to secure the Combined Parkland Dedication through an Agreement pursuant to section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to be binding on the owner(s) of the development site and the owner(s) of 30 and 40 St. Clair Avenue West, being both the current owners of the Combined Parkland Dedication (and the underground parking garage) and related entities to the owner of 1-11 Delisle Avenue and 1496-1510 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including terms relating to the following:

a. the owners' obligations to convey to the City the Combined Parkland Dedication prior to the issuance of the first above grade building permit for the site, and to design and construct base and above-base park improvements; and

b. other matters including ongoing maintenance obligations of the owners, including requirements to reconstruct the park should it be damaged as a result of work being conducted on the underground garage and the requirement to post financial security to secure same as outlined in the memorandum from Parks, Forestry and Recreation dated July 10, 2020.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

9. Before introducing the necessary Bills to City Council for enactment, the owner(s) of the development site and, for the purpose of provisions respecting the Combined Parkland Dedication, the owner(s) of 30 and 40 St. Clair Avenue West be required to enter into an Agreement pursuant to section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) to be registered on title to the lands at 1-11 Delisle Avenue, 1496-1510 Yonge Street and 30 and 40 St. Clair Avenue West in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a financial contribution in the amount of $5,000,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed as follows:

i. $1,500,000.00 towards capital improvements for new or existing Toronto Community Housing and/or affordable housing in consultation with the Ward Councillor;

ii. $1,500,000.00 towards capital improvements for new or existing cultural and/or community space, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

iii. $1,500,000.00 towards local area park or streetscape improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor; and

iv. $500,000.00 towards the provision and maintenance of a public art contribution.

b. in the event the cash contribution referred to in Recommendation 9.a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community;

c. an additional 743 square metres of strata off-site parkland above the required in-kind off-site parkland contribution pursuant to section 42 of the Planning Act;

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

i. the owner shall provide a minimum of 10 percent family sized units in the development, containing at least three bedrooms;

ii. the owner shall provide and maintain a publicly accessible pedestrian connection between St. Clair Avenue West and Delisle Park along the east side lot line of 40 St. Clair Avenue East with the specific size, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended;

iii. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

iv. prior to the issuance of Site Plan Approval, the owner shall provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site;

v. prior to the issuance of Site Plan Approval, the owner shall submit a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

vi. prior to the issuance of Site Plan Approval, the owner shall provide final site plan drawings substantially in accordance with the approved Reconstruction and Restoration Plan required by Recommendation 10.a. below, to the satisfaction of the Senior Manager, Heritage Preservation Services;

vii. prior to the issuance of Site Plan Approval, the owner shall provide an Interpretation Plan for the property at 1496-1500 Yonge Street, 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;

viii. prior to the issuance of Site Plan Approval, the owner shall provide a Lighting Plan that describes how property at 1496-1500 Yonge Street will be sensitively illuminated to enhance its character as viewed from the public realm to the satisfaction of the Senior Manager, Heritage Preservation Services;

ix. prior to the issuance of Site Plan Approval, the owner shall submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

x. prior to the issuance of any Building Permit, the owner shall provide a Letter of Credit, including provision for upwards indexing, in a form and amount satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Reconstruction and Restoration Plan required in Recommendation 10.a. below and the Interpretation Plan required in Recommendation 9.d.vii. above;

xi. prior to the issuance of any Building Permit, the owner shall provide full documentation of the property at 1496-1500 Yonge Street, including two (2) printed sets of archival quality 8 inch x 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set 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, to the satisfaction of the Senior Manager, Heritage Preservation Services;

xii. prior to the release of the letter of credit required in Recommendation 9.d.x. above, the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required restoration work has been completed in accordance with the Reconstruction and Restoration Plan required in Recommendation 10.a. below, the required interpretive work has been completed in accordance with the Interpretation Plan required in Recommendation 9.d.vii. above, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

xiii. prior to the execution of the section 37 agreement, the owner(s) of 30 and 40 St. Clair Avenue West shall cause a section 118 Restriction under the Land Titles Act to be registered on the lands municipally known as 30 and 40 St. Clair Avenue West (including without limitation the Parkland Dedication Lands) to the satisfaction of the General Manager, Parks, Forestry and Recreation prohibiting the transfer or charging of such lands without the prior written consent of the General Manager, Parks, Forestry and Recreation; and

xiv. a pick-up and drop-off area located on the ground floor level must be provided on the lot.

10. Before introducing the necessary Bills to City Council for enactment, require the owner to:

a. provide a Reconstruction and Restoration Plan for the building at 1496-1500 Yonge Street, prepared by a qualified heritage consultant that is substantially in accordance with the conservation scope set out in the Heritage Impact Assessment for 1496-1500 Yonge Street by ERA Architects Inc., dated October 17, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b. revise the Functional Servicing Report prepared by Lithos Group Inc., dated October 2019 and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and such report will determine, whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.

11. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that requires the owner to promote design excellence and distinction of the new park secured through the development of 1 Delisle Avenue, and with the involvement of the Deer Park Residents' Group, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders.

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to permit a 44-storey (143 metres plus a 7-metre mechanical penthouse) mixed use building with 293 dwelling units and 159 parking spaces within a 4-level below ground garage at 1-11 Delisle Avenue and 1496-1510 Yonge Street. A 2,506 square metre public park will be secured off-site on the rear portions of 30 and 40 St. Clair Avenue West. The Official Plan Amendment also redesignates a portion of the subject site from Apartment Neighbourhoods to Mixed Use Areas.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with the applicable policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Yonge-St. Clair Planning Framework and Tall Building Guidelines. The proposal also meets a number of significant public realm and built form objectives, some of which are outlined in the Yonge-St. Clair Planning Framework, including: securing a 2,506 square metre public park in close proximity to the Yonge-St. Clair intersection; wider sidewalks along both Yonge Street and Delisle Avenue; enhanced street landscaping; restoration and relocation of an existing Art Deco façade; a pedestrian scale base building in keeping with the main street character of Yonge Street; a north/south midblock connection between St. Clair Avenue West and Delisle Avenue; high quality architecture; and consolidated access and servicing for the block.

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

This report summarizes the virtual community consultation meeting held on July 7, 2020, and revises the recommendations from the Final Report dated February 25, 2020 to make minor modifications to the draft zoning by-laws, including amenity space rates, and clarify the requirements of the parkland dedication. Following the deferral of the item at the March 12, 2020 and June 18, 2020 Toronto and East York Community Council meetings, staff have elected to accept the parkland dedication as a fee simple strata conveyance and not a 999-year lease.