Item - 2022.NY33.6

North York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2674, 2676, 2678, 2704 Yonge Street substantially in accordance with the draft Zoning By-law Amendment in Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, North York District, with Attachment 7 amended by replacing Diagram 3 with the Diagram in the Attachment to Motion 1 by Councillor Mike Colle. 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. City Council approve the Rental Housing Demolition application (20 194151 NNY 08 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of thirty-one (31) existing rental dwelling units at 2674, 2676, and 2678 Yonge Street, subject to the following conditions:

a. the Owner shall provide and maintain thirty-one (31) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The thirty-one (31) replacement rental dwelling units shall be comprised of twenty-three (23) one-bedroom units and eight (8) two-bedroom units and collectively contain a total gross floor area of at least 2,090.5 square metres, as generally illustrated in the plans prepared by Studio JCI and dated April 11 and 26, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the Owner shall provide and maintain at least eighteen (18) one-bedroom replacement rental dwelling units and one (1) two-bedroom replacement rental unit at affordable rents, as currently defined in the Toronto Official Plan, and the remaining five (5) one-bedroom replacement rental units and seven (7) two-bedroom replacement rental units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit;

c. the Owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the thirty-one (31) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

d. the Owner shall provide tenants of all thirty-one (31) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e. the Owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

f. the Owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. the Owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the development;

h. the thirty-one (31) replacement rental dwelling units required in Recommendation 3.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into, and register on title to the lands at 2674, 2676, 2678, and 2704 Yonge Street, one or more agreement(s) to secure the conditions outlined in Recommendation 3.a.to 3.h.  above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of thirty-one (31) rental dwelling units at 2674, 2676, and 2678 Yonge Street after all the following have occurred:

a. all conditions in Recommendations 3.a. to 3.h. above have been secured through one or more agreements under Recommendation 3.i. above;

b. the Zoning By-law Amendments have come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e. the Owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. the execution of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 3.a. to 3.h. above and any other requirements of the Zoning By-law Amendments (if applicable).

5. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 4 above.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 2674, 2676, and 2678 Yonge Street after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 4 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. the Owner removes all debris and rubble from the site immediately after demolition;

b. the Owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the Owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the Owner fail to complete the proposed development containing the thirty-one (31) replacement rental dwelling units within the time specified in Recommendation 6.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

7. City Council approve that prior to the first above grade building permit, the Owner shall convey an onsite parkland dedication having an area of approximately 127.2 square metres (located along the southern edge of the property with frontage on Yonge Street adjacent to Snider Parkette) with the remaining 103.54 square metres satisfied through a cash-in-lieu payment under Section 42 of the Planning Act and the City’s parkland dedication By-law (as reflected in Chapter 415 of the City’s Municipal Code) all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. The value of the residual cash-in-lieu will be appraised through Real Estate Services, upon the submission of an application for the first above grade building permit, and is valid for six months.

8. City Council approve that the parkland dedication shall be conveyed to the City in base park condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition. The Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

9. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. prior to the issuance of the first above-grade building permit, , the owner shall pay to the City, a cash contribution in the amount of three hundred thousand dollars ($300,000.00) to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, for the following matters:

1. public park improvements;

2. public art; and/or

3. streetscape improvements within proximity of the lands in the Ward. Any streetscape improvements will be designed to comply with the Streetscape Manual or are to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the cash contribution referred to in Recommendation 9.a. 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 City Council adopts the zoning by-law amendment(s) to the date of payment;

c. in the event the cash contribution referred to in Recommendation 9.a. above has not been used for the intended purpose(s) within three (3) years of this 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 of City Planning, in consultation with the local Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

d. prior to issuance of Notice of Approval Conditions in a site plan control application(s), the owner shall submit plans and materials sufficient to show the cost, location, configuration, and design of the reconstruction and restoration of the historic gates and columns located at the northwest and southwest corners of the intersection of Alexandra Boulevard and Yonge Street ("Gate Restoration"), to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager of Transportation Services, in consultation with the Ward Councillor and the Lytton Park Residents' Organization. The Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the cost of the Gate Restoration, to the satisfaction of the Chief Planner and Executive Director of City Planning and the City Solicitor; and

e. prior to the earlier of any non-residential or residential use or occupancy, and the registration of the first condominium on the lands, the owner shall demonstrate that the Gate Restoration has been undertaken and completed in accordance with the plans and materials submitted and approved in the context of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services.

10. City Council also direct that the following matters be secured in the Section 37 Agreement as a legal convenience to support development:

a. the Owner will 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 each building on the site;

b. prior to the issuance of Notice of Approval Conditions in a site plan control application(s), the owner will demonstrate substantial compliance with the wind comfort conditions of the sensor locations shown in pedestrian level wind study dated August 31, 2020 by Gradient Wind, to the satisfaction of the Chief Planner and Executive Director of City Planning. The owner will endeavour to achieve ideal wind comfort conditions for the various location types of the site and adjacent public areas;

c. the owner shall construct and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an area of not less than 482 square metres at grade for use by the general public as publicly accessible, privately–owned open space, in a location generally identified in the Zoning By-law Amendment, with the location configuration and design of the privately–owned open space to be determined in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning, and secured in a Site Plan Agreement with the City;

d. prior to the earlier of any non-residential or residential use or occupancy and registration of the first condominium on the lands, the owner shall have completed construction of the privately–owned open space referred to in Recommendation 10.c. above and shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, a public access easement in perpetuity in favour of the City over the privately–owned open space, including rights of support as applicable, on such terms and conditions as are set out in the Section 37 agreement and the Zoning By-law Amendment, including provision for insurance and indemnification associated with public access easements;

e. prior to the issuance of the first above grade building permit, the Owner shall satisfy the parkland dedication requirement for the development as set out in Recommendations 7 and 8 above; and

f. prior to the issuance of the first building permit or first below-grade building permit, the owner shall demonstrate a minimum distance of 3 metres between the building, including all below and above grade structures, to all Toronto Transit Commission infrastructure, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Transit Commission.

11. City Council authorize the appropriate City Officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement, Section 37 Agreement, and other related agreement(s).

12. City Council authorize the City Solicitor to submit the necessary bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

The North York Community Council held a statutory public meeting on June 28, 2022 and notice was given in accordance with the Planning Act.

The rental demolition application propose to demolish the existing three-storey building containing 31 rental dwelling units and ground-oriented commercial and retail uses facing Yonge Street at 2674, 2676, and 2678 Yonge Street. These lands will be consolidated with an adjacent vacant lot at 2704 Yonge Street, upon which an application to amend the Zoning By-law is proposed. The Zoning By-law Amendment application proposes a nine-storey (31.18 metres high plus 3.5 metres high mechanical equipment) mixed use building with ground-oriented non-residential uses along Yonge Street on the lands. The proposal is comprised of 91 dwelling units, of which 31 will be replacement rental units.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms with intent of the Official Plan and Yonge-Eglinton Secondary Plan. This report reviews and recommends approval of the application to amend the Zoning By-law