Item - 2022.CC47.18

Tracking Status

  • City Council adopted this item on July 19, 2022 without amendments.

CC47.18 - 3180, 3182, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street - Zoning By-law Amendment Application - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Ward:
8 - Eglinton - Lawrence

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A and support a revised proposal that is substantially in accordance with Confidential Appendix B (the “Settlement Offer”) to the report (July 8, 2022) from the City Solicitor and subject to the Parts below.

 

2. 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 for the lands municipally known as 3180, 3182, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street.

 

3.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that:

 

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, which shall include, but not be limited to provisions set out in Part 5 below;

 

b. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the Rental Housing Demolition application 20 225871 NNY 08 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of five (5) existing rental dwelling units located at 3180 Yonge Street, 3184 Yonge Street, 3188 Yonge Street, 3192 Yonge Street, and 3198 Yonge Street;

 

c. the owner has, at its sole expense:

 

i. if required by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

 

ii. if required the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, entered into one or more agreements with the City requiring the Owner, prior to the issuance of any above grade building permit, and at no cost to the City, to design, financially secure, and make operations, any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

 

iii. submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, to the satisfaction of the General Manager, Transportation Services and that any such required matters be secured in one or more agreements with the City; and

 

iv. submitted a tenant relocation and assistance plan, and if required by the Chief Planner and Executive Director, City Planning, a rental replacement plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the Owner has entered into, and registered on title to the lands, one or more agreements with the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters necessary to implement the Chief Planer's decision on Rental Housing Demolition application 20 225871 NNY 08 RH;

 

d. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing the community benefits in Part 4.d.i. below and securing the matters required to support the development outlined in Part 4.d.ii. below; and

 

e. a Section 111 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing the tenant relocation and assistance in Part 3.c.iv. above.

 

4. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal contain the following provisions:

 

a. pursuant to Section 37 of the Planning Act, and subject to compliance with this By law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By-law, in return for the provision by the owner, at the owner’s expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor;
 

b.  where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same;

 

c. the owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to a CR exception of By-law 569-2013, as amended, unless the provisions of Schedule A of such By law are satisfied;

 

d.  Schedule A shall provide that:

 

i. the Owner shall enter into and register on title to the lands, one or more agreements pursuant to Section 37 of the Planning Act, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

 

1. a cash contribution of $1,200,000.00 dollars to be allocated toward capital improvements in the vicinity of the Development Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor for Ward 8;

 

2. the cash contribution referred to in Part 4.d.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of final approval of the Zoning By-law; and

 

3. in the event the cash contribution referred to in Part 4.d.i. above has not been used for the determined purpose within three years of the amending Zoning By-law 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

 

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

 

1. the owner shall enter into a financially secured agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

 

2. the owner shall provide a tenant relocation and assistance plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters necessary to implement the decision of the Chief Planner and Executive Director, City Planning on Rental Housing Demolition application 20 225871 NNY 08 RH;

 

3. the owner shall submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study be secured, if required;

 

4. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner to the City prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the final approval of the Zoning By-law;

 

5. prior to Site Plan Approval, the owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 6.0 metre corner rounding, at a minimum height of two storeys above finished grade, at the southwest corner of the intersection of Yonge Street and Woburn Avenue, together with rights of support, such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor), and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; the owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the lands to be conveyed to the City for corner rounding purposes as, the remainder of the site, and any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office;

 

6. prior to Site Plan Approval, the owner shall prepare all documents, and convey for nominal consideration, a 0.4-metre road widening along the frontage of the property on Yonge Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

 

7. the owner shall construct a 2.1 metre wide sidewalk in the City's right-of-way, at no cost to the City, along the Woburn Avenue frontage, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, which shall be secured through Site Plan Control;

 

8. the owner shall, through Site Plan Control, provide for signage and pavement markings in the private driveway to the west of the site, which provide for one way north-bound circulation of vehicular traffic generated by the development, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services;

 

9. the owner shall, through Site Plan Control, provide for a pick-up and drop-off area on the site, adjacent to the private driveway to the west of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services;

 

10. the owner shall, through Site Plan Control, submit a revised Noise Impact Study, including the peer review process paid for by the owner, that identify all mitigation measures to be undertaken for this development and incorporated into the recommendations for site design and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

11. the owner shall, through Site Plan Control, provide for an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the new building, substantially in accordance with the landscape buffer shown on Plan A005, dated June 2, 2022, and prepared by Richard Wengle Architects Inc.;

 

12. the owner shall, through Site Plan Control, provide for a 1.5 metre-wide landscape buffer on the west side of the private driveway, substantially in accordance with the landscape buffer shown on Plan A005, dated June 2, 2022, and prepared by Richard Wengle Architects Inc.;

 

13. the owner shall, through Site Plan Control, submit a detailed landscaping plan showing soil volumes and species for the proposed trees to be planted on the City-owned right-of-way on Woburn Avenue and Yonge Street, to the satisfaction of the Chief Planner in consultation with the Director, Urban Forestry;

 

14. the owner shall agree to the inclusion of warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

15. the owner shall satisfy the requirements of the Toronto Transit Commission in regard to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission;

 

16. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the development; and

 

17. the owner shall, prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services.
 

5. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal provide for, among other matters:

 

a. space within the development for installation and maintenance of access holes and sampling ports on the private side, for both storm and sanitary service connections, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

b. a minimum of 10 percent of all units as 3-bedroom units and a minimum of 15 percent as 2-bedroom units;

 

c. a maximum height of the south portion of the building of 11 storeys and 41.6 metres including mechanical penthouse, measured from established grade; and a maximum height of the north portion of the building of 9 storeys and 29.7 metres measured from established grade;

 

d.  a minimum 5.5-metre setback from curb to building face on Yonge Street for the entire Yonge Street frontage of the building; and a minimum 5.3 metre setback from curb to building face on Woburn Avenue for the entire Woburn Avenue frontage of the building;

 

e. a minimum 2.0 metre building stepback at and above the 9th floor of the building on the Yonge Street frontage; and

 

f. inset balconies on the west side of the building on the 3rd to 5th floors of the building in accordance with the balconies on Plans A005, A104, A105 and A106 dated June 2, 2022, and prepared by Richard Wengle Architects Inc.

 

6. Provided that the matters listed in Parts 3.b., 3.c. and 3.e. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal also include Holding ('H') conditions regarding the matters listed in Parts 6.a. and 6.b. below, with the hold symbol not to be lifted until the Rental Housing Demolition Application (File 20 225871 NNY 08 RH) has been approved by the Chief Planner and Executive Director, City Planning; and until City Council is satisfied as to the availability of all road improvements, infrastructure, and servicing, to accommodate the proposed development, as follows:

 

a. the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 225871 NNY 08 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the five (5) existing rental dwelling units located at 3180 Yonge Street, 3184 Yonge Street, 3188 Yonge Street, 3192 Yonge Street, and 3198 Yonge Street and satisfied any associated conditions; and

 

b. the owner shall, at its sole cost and expense:

 

i. submit the Engineering Reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

 

ii. enter into one or more agreements with the City requiring the Owner, prior to the issuance of any above grade building permit, and at no cost to the City, to design, financially secure, and make operations, any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and

 

iii. submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy satisfactory to the General Manager, Transportation Services and shall secure any matters arising from such studies in one or more agreements with the City, if required.

 

7. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022.

 

8. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the matters listed in Part 4.d.  above, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor.

 

9. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

 

10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

 

Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

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

Background Information (City Council)

(July 8, 2022) Report from the City Solicitor on 3180, 3182, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street - Zoning By-law Amendment Application - Request for Direction (CC47.18)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228723.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on August 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228725.pdf
Confidential Appendix B - Confidential Information - made public on August 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228726.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-19-2022 2:07 PM

Result: Carried Majority Required - CC47.18 - adopt the item
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, John Filion, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson, John Tory
Total members that voted No: 2 Members that voted No are Josh Matlow, Jaye Robinson
Total members that were Absent: 4 Members that were absent are Gary Crawford, Paula Fletcher, Denzil Minnan-Wong, Anthony Perruzza
Source: Toronto City Clerk at www.toronto.ca/council