Item - 2020.TE16.7

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Official Plan Amendment, for the lands at 335 Yonge Street for the reasons outlined in the report (June 24, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council refuse the application for Zoning By-law Amendments for the lands at 335 Yonge Street for the reasons outlined in the report (June 24, 2020) from the Director, Community Planning, Toronto and East York District

3. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Local Planning Appeal Tribunal.

4. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal, in the event the application is appealed to the Local Planning Appeal Tribunal and the Local Planning Appeal Tribunal allows the appeal and permits additional height or density, or some variation, to:

a. Secure the following community benefits with the final allocation determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor's office and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act:

i. A financial contribution 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 Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; the funds shall be directed as follows:

A. financial contributions for the relocation and expansion of the City Hall library to Old City Hall;

B. financial contributions towards the replacement/expansion of John Innes Community Recreation Centre as identified in the Parks and Recreation Facilities Master Plan Implementation Strategy and/or

C. financial contributions towards a non-profit, licensed child care facility within the vicinity of the site

b. The following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site:

i. The owner be required to pay for and construct any improvements to the municipal infrastructure in connection with a Functional Servicing Report as accepted by the City's Executive Director of Engineering and Construction Services should such Director determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Executive Director of Engineering and Construction Services; and

ii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate.

c. Withhold its Order allowing the appeal in whole or in part allowing the Official Plan and Zoning By-law Amendments until:

i. The owner has entered into an Agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure appropriate public benefits and the Section 37 Agreement has been registered on title to the site to the satisfaction of the City Solicitor;

ii. The Local Planning Appeal Tribunal has been provided with a proposed Official Plan Amendment and Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Amendments are in a form satisfactory to the City; and

iii. The Local Planning Appeal Tribunal has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director, Engineering and Construction Services.

iv. The owner maintain a 3 m clearance between the building, including all below grade and above grade structures, to all Toronto Transit Commission (TTC) infrastructure.

v. The owner provide a 6.0 m radius corner rounding at the southeast corner of Yonge/Gould Street, free and clear of all encumbrances. and

vi. The owner shall provide confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building.

5. In the event the cash contribution referred to in Recommendation 4 above has not been used for the intended purpose within three years of the implementing Zoning By-law Amendments 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 purpose is identified in the Toronto Official Plan and will benefit the local community.

6. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the above recommendations.

This application proposes to amend the Zoning By-law to permit a 30 storey mixed-use tower with 165 dwelling units and a total gross floor area of 14,299 square metres at 335 Yonge Street.  The proposed building would have a height of 106 metres including the mechanical penthouse.  The proposal includes two below grade levels, one of which would be for retail uses with a knockout panel adjacent to the TTC Dundas Street subway platform. There is no vehicular parking proposed.

 The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law. The development site is not appropriate for tower development as the site is too small. The proposed development can not achieve appropriate tower setbacks nor stepbacks because the site is too small for tower development.  Additionally, the proposed development does not minimize shadowing; the proposed development lacks sufficient outdoor amenity space; the outdoor amenity space that is provided is in an inappropriate form; there is no pet amenity area; there is no parking and the loading area does not meet City standards; in addition, the application does not have a satisfactory Functional Servicing Report to address servicing issues. Therefore, for the reasons outlined in this report, it is recommended that the application be refused.