Item - 2022.CC39.14

Tracking Status

  • City Council adopted this item on February 2, 2022 without amendments.

CC39.14 - 1913-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue - Official Plan and Zoning By-law Amendment Applications - Ontario Land Tribunal Hearing - Request for Further Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
12 - Toronto - St. Paul's

City Council Decision

City Council on February 2 and 3, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

4. City Council authorize the public release of Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 

 

1.  City Council accept the “with prejudice” settlement offer for the lands municipally known as 1913-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue (the "Site") as described in Public Attachment 1 (the "Settlement Offer") to the report (January 25, 2022) from the City Solicitor; City Council more particularly accepts a settlement based on the revised proposal described as Settlement Option 2 in the Settlement Offer and shown in the architectural plans by Core Architects Inc. dated January 24, 2022, that includes a grocery store use with a minimum size of 1,858 square metres and building heights of 38 and 45-storeys, and which are included as Public Attachment 7 (the "Settlement Option 2 Plans") to the report (January 25, 2022) from the City Solicitor; and City Council's acceptance of the "with prejudice" settlement offer based on the Settlement Offer and the Settlement Option 2 Plans is subject to Part 2 to 8 below.

 

2.  City Council accept the "without prejudice" supplementary Section 37 offer as described in Confidential Attachment 2 (the "Section 37 Offer") to the report (January 25, 2022) from the City Solicitor and subject to Part 3 to 8 below.

 

3.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer and the Section 37 Offer for the Site.

 

4.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to  withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

 

a.  the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b.  the Applicant has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;

 

c.  the Applicant has addressed all outstanding comments by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, including submitting a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

 

d.  the Applicant has entered into an agreement or agreements or otherwise secured the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

 

e.  the Applicant and the City have entered into a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and such agreement has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing community benefits and matters of legal convenience to support the development as more particularly described in Part 5 below;

 

f.  the Applicant has submitted and received approval from City Council regarding a Rental Housing Demolition and Conversation Application pursuant to Section 111 of the City of Toronto Act with respect to the existing rental dwelling units being demolished on the Site;

 

g.  the Applicant has, as applicable, submitted and received approval from City Council under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage building municipally known as 1913 Yonge Street and the Applicant has fulfilled all conditions of such approval, including entering into a Heritage Easement Agreement with the City substantially in accordance with the Heritage Impact Assessment Addendum by GBCA Architects dated December 24, 2021, included as Public Attachment 5 to the report (January 25, 2022) from the City Solicitor, all to the satisfaction of the Senior Manager, Heritage Planning and the City Solicitor; and

 

h.  the Applicant has fulfilled the conditions for applying the Over-Dedication Credit to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act, to the satisfaction of the City Solicitor, as more particularly described in Part 7 below.

 

5.  City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

 

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

 

i.  an indexed cash contribution of ten million dollars ($10,000,000.00) to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or

 

ii.  the transfer by the Applicant to the City, at no cost to the City, of the property municipally known as 1909 Yonge Street and 2A Davisville Avenue, with such transfer to be on terms and conditions acceptable to the City Solicitor, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Planning, in consultation with the Ward Councillor,

 

with the election between the community benefits described in Parts 5.a.i. and 5.a.ii. above, to be made by the City Solicitor. in consultation with the Ward Councillor, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning;

 

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

 

i.  the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately-owned publicly accessible space generally located along the southern frontage of the Site and behind the retained heritage building known municipally as 1913 Yonge Street and as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 4 to the report (January 25, 2022) from the City Solicitor; prior to the issuance of Site Plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned publicly accessible space lands to the City; the specific size, location, configuration, and design of the privately-owned publicly accessible space area shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the privately-owned publicly accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned publicly accessible space area, all at the Applicant's own expense;

 

ii.  the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, publicly accessible vehicular and pedestrian access easements over the north-south driveway and pedestrian and cycling connection running along the eastern boundary of the Site and connecting Davisville Avenue and Millwood Road as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 5 to the report (January 25, 2022) from the City Solicitor and having a minimum depth of not less than 6 metres wide for the driveway connection and 3 metres for the pedestrian and cycling connection; the specific size, location, configuration, and design of the driveway and pedestrian and cycling connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the driveway and the pedestrian and cycling connection, all at the Applicant's own expense;

 

iii.  the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a publicly accessible pedestrian access easement over the building setback at grade along Yonge Street between the building face and the western property line as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 4 to the report (January 25, 2022) from the City Solicitor and having a varied depth but with a minimum depth of not less than 1.9 metres; the specific size, location, configuration, and design of the pedestrian access easement shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the pedestrian access easement, all at the Applicant's own expense;

 

iv.  the Applicant shall, prior to Site Plan approval for the proposed development of the Site, in relation to the heritage property municipally known as 1913 Yonge Street, shall complete the following all to the satisfaction of the Senior Manager, Heritage Planning:

 

a.  provide a detailed Conservation Plan prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment Addendum , all to the satisfaction of the Senior Manager, Heritage Planning.

 

b.  provide final site drawings substantially in accordance with the approved Conservation Plan required in Part 5.b.iv.a. above to the satisfaction of the Senior Manager, Heritage Planning;

 

c.  provide a Heritage Lighting Plan that describes how the exterior of the property at 1913 Yonge Street will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall agree to implement such Heritage Lighting Plan to the satisfaction of the Senior Manager, Heritage Planning;

 

d.  provide a detailed Landscape Plan for the property at 1913 Yonge Street to the satisfaction of the Senior Manager, Heritage Planning;

 

e.  submit a Signage Plan for the property at 1913 Yonge Street to the satisfaction of the Senior Manager, Heritage Planning;

 

f.  provide an Interpretation Plan for the property at 1913 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

 

g.  provide a Letter of Credit upon such terms and conditions, including provision for upward indexing and in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan required in Part 5.b.iv.a. above, all to the satisfaction of the Senior Manager, Heritage Planning; and

 

h. provide full documentation of the existing property at 1913 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, to the satisfaction of the Senior Manager, Heritage Planning; and

 

v.  the Applicant shall provide prior to Site Plan approval for the Site a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Applicant shall agree to implement any wind mitigation measures required therein to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

6.  City Council require, as a condition of accepting the Applicant's Settlement Offer, that the Applicant not object to the notice of intention to designate the properties municipally known as 1909 Yonge Street and 1913 Yonge Street under Part IV of the Ontario Heritage Act.

 

7.  City Council approve the use of the over-dedication credit of 185.5 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the off-site parkland dedication of the properties municipally known as 70, 72, 74, 76 Soudan Avenue for the rezoning approval for the property municipally known as 55-65 Broadway Avenue and that was secured in Section 4 of the Section 37 Agreement dated September 5, 2019 between Times 5565 Inc. and the City (Instrument No. AT5232244) (the "55-65 Broadway Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Site, which is located within the boundaries of the Yonge Eglinton Secondary Plan; City Council requires that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through payment of cash-in-lieu or off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council requires, pursuant to section 4.3 of the 55-65 Broadway Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all the satisfaction of the City Solicitor:

 

a.  if the Applicant still owns the property municipally known as 55-65 Broadway Avenue, the Applicant shall enter into an agreement, amending the 55-65 Broadway Section 37 Agreement, (the "Amending Agreement") to be registered on title to 55-65 Broadway Avenue at the sole cost and expense of the owner and to the satisfaction of the City Solicitor, to document the extent to which the Over-Dedication Credit has been applied and to identify any remaining parkland credit; or

 

b.  if the Applicant no longer owns the property municipally known as 55-65 Broadway Avenue, the Applicant shall:

 

i.  if the Applicant is not Time 5565 Inc., provide a solicitor's corporate opinion confirming that it is a Times Group of Companies entity, authorized to benefit from the Over-Dedication Credit by Time 5565 Inc., to the satisfaction of the City Solicitor;

 

ii.  provide a sworn acknowledgement to the General Manager, Parks, Forestry and Recreation confirming the amount of the Over-Dedication Credit that has been used; and

 

iii.  acknowledge in a Development Agreement (with the appropriate agreement to be determined by the City Solicitor) for the Zoning By-law Amendment application for the Site the extent to which the Applicant has drawn on the Over-Dedication Credit.

 

8.  City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps as required to implement City Council's decision.

 

Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding litigation.

Background Information (City Council)

(January 25, 2022) Report from the City Solicitor on 1913-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue - Official Plan and Zoning By-law Amendment Applications - Ontario Land Tribunal Hearing - Request for Further Directions (CC39.14)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175649.pdf
Public Attachment 1 - Letter from Kagan Shastri LLP dated January 21, 2022 containing the with prejudice Settlement Offer
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175650.pdf
Public Attachment 2 Part 1 - Settlement Option 1 Plans
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175651.pdf
Public Attachment 2 Part 2 - Settlement Option 1 Plans
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175652.pdf
Public Attachment 2 Part 3 - Settlement Option 1 Plans
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175653.pdf
Public Attachment 3 Part 1 - Settlement Option 1 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175654.pdf
Public Attachment 3 Part 2 - Settlement Option 1 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175655.pdf
Public Attachment 3 Part 3 - Settlement Option 1 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175656.pdf
Public Attachment 4 - Public Easement Plans
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175657.pdf
Public Attachment 5 - Heritage Impact Assessment Addendum
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175658.pdf
Public Attachment 6 Part 1 - 3 Dimensional Views and Elevation Drawings for Settlement Option 1 and Settlement Option 2
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175659.pdf
Public Attachment 6 Part 2 - 3 Dimensional Views and Elevation Drawings for Settlement Option 1 and Settlement Option 2
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175660.pdf
Public Attachment 7 - Settlement Option 2 Plans
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175661.pdf
Public Attachment 8 Part 1 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175662.pdf
Public Attachment 8 Part 2 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175663.pdf
Public Attachment 8 Part 3 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175664.pdf
Public Attachment 8 Part 4 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175665.pdf
Public Attachment 8 Part 5 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175666.pdf
Public Attachment 8 Part 6 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175667.pdf
Public Attachment 8 Part 7 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175668.pdf
Public Attachment 8 Part 8 - Settlement Option 2 Shadow Study
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175669.pdf
Confidential Attachment 1
Confidential Attachment 2 - Made Public on February 11, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-175671.pdf

Communications (City Council)

(February 1, 2022) Letter from Andy Gort, Past-president South Eglinton Ratepayers' and Residents' Association (CC.New)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-145155.pdf
(January 31, 2022) Letter from Mark J. Richardson, Technical Lead, HousingNowTO.com (CC.New)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-145226.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-02-2022 10:18 AM

Result: Carried Majority Required - CC39.14 - Adopt the Item
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are Mike Colle, Josh Matlow, Jaye Robinson, Kristyn Wong-Tam
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council