Item - 2021.TE24.17

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan Amendment and Zoning By-law Amendment applications in their current form

2. City Council direct City staff to continue discussions with the applicant in an attempt to resolve outstanding matters as identified in the report (March 23, 2021), from the Director, Community Planning, Toronto and East York District.

3. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal, in the event 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 towards a new Community Recreation Centre to serve growth in the North Downtown area (Ward 11);

B. financial contributions towards a non-profit, licensed child care facility within the vicinity of the subject site or capital improvements to existing facilities within the vicinity of the subject site;

C. financial contributions towards the Lillian Smith branch expansion or revitalization of the Toronto Reference Library (Ward 11);

D. financial contribution towards the provision of on-site affordable housing; and/or

E. financial contributions towards a PATH connection from the existing knockout panel at 444 Yonge Street to the south side of Gerrard Street West.

The funds may be redirected if not expended within 3 years for their intended purpose.

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 (LPAT) 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 (LPAT) has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director of 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. that the owner provide a 1.17 metre widening requirement along the westerly portion of the property to be conveyed to the City free and clear of obstruction and a corner rounding requirement at the southeast corner of the site (north-west corner of Yonge Street and Walton Street) as lands to be provided for a Pedestrian Clearway Easement.

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

The owner of the site at 372-378 Yonge Street has appealed its Official Plan Amendment and Zoning By-law Amendment applications to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision within the time required by the Planning Act.  Neither a case management conference nor a full hearing have been scheduled.

This application proposes a 74-storey mixed use building with 406 dwelling units and a total gross floor area of 35,871 square metres at 372-378 Yonge Street.  The proposed building would have a height of 255 metres including the mechanical penthouse.  There is no vehicular parking proposed.

The proposed intensification as a mixed use development in proximity to a transit station is a positive attribute to the proposal.  However, the proposal is not supportable in its current form. 

The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed development does not conform to the Mixed Use Area 2 designation in OPA 406 as a 74 storey building is not consistent with this designation.  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 provide an appropriate heritage conservation strategy including whole building conservation of 372 Yonge and appropriate tower stepbacks from hertiage buildings;
• does not minimize shadowing on the public realm and nearby McGill Granby neighbourhood;
• lacks sufficient outdoor amenity space and the outdoor amenity space that is provided is in an inappropriate location and form;
• there is no parking; and
• the application to date does not have a satisfactory Functional Servicing Report to address servicing issues.