Item - 2022.TE34.44

That City Council adopt the recommendations in the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1. City Council amend the Official Plan, for the lands at 1406-1428 Yonge Street substantially in accordance with the draft Official Plan Amendment in Attachment 1 to this motion.

2. City Council amend Zoning By-law 569-2013 for the lands at 1406-1428 Yonge Street substantially in accordance with the draft Zoning By-law Amendment in Attachment 2 to this motion.

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

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

a. a financial contribution in the amount of $3,380,000.00 payable prior to the issuance of the first above-grade building permit, to be allocated towards the following, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor:

i. above base park improvements for parks in the vicinity of the site including any parkland that may be dedicated to the City by the applicant;

ii. the design and construction of a traffic control signal at the intersection of Yonge Street and Pleasant Boulevard;

iii. any proposed work on municipal sidewalks/public boulevards/streetscaping including but not limited to the reconstruction of the public right of way along Yonge Street in front of the Site;

iv. a new bike-share station in the vicinity of the site;

v. and public art to be displayed on permanent site hoarding during construction;

b. the financial contribution pursuant to Recommendation 4.a above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, 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 Recommendations 4.a. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming 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; and

d. The following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. as a condition of Site Plan approval, the owner agrees to submit a relocation strategy for the existing street tree currently located in front of the property at 1406 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

ii. as a condition of Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. as a condition of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

iv. pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

v. as a condition of Site Plan Approval, the owner agrees to register a Limiting Distance Agreement between 1406-1428 Yonge Street, 1404 Yonge Street and the City of Toronto, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning; and

vi. the owner shall provide an acceptable tenant relocation and assistance plan to all existing tenants of the four (4) rental dwelling units proposed to be demolished at 1406, 1408, 1414, 1418, 1428 (the "Lands"). The tenant relocation and assistance plan shall be consistent with the City's standard practices and developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, addressing the following:

aa. minimum financial compensation and notice as required under the Residential Tenancies Act, 2006 when a tenant receives a notice of termination to terminate their tenancy for the purposes of demolition;

bb. additional compensation above and beyond Residential Tenancies Act, 2006 requirements including rent gap payments to mitigate hardship;

cc. additional notice of the date of termination of the each existing tenant's tenancy, above and beyond the minimum notice required under the Residential Tenancies Act, 2006;

dd. a moving allowance of $1,500 for each existing tenant; and

ee. special needs compensation for any existing tenant who suffers from a physical and/or mental health challenge, and/or is sixty-five (65) years of age or older.

vii. the owner shall enter into a Heritage Easement Agreement with the City for the properties at 1420 Yonge Street in accordance with the plans and drawings dated May 10, 2022, prepared by IBI Group and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022 and in accordance with the related Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor and as set out in Recommendation 1.b.1 to the report (May 24,2022) from the Senior Manager, Heritage Planning in Item TE34.52.

5. City Council require that, prior to Site Plan Approval or first building permit, whichever is earlier, the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor shall advise the owner if the City will require a cash-in-lieu of parkland contribution or if the City requests the owner to try to provide an off-site parkland dedication, or a combination thereof, as required herein:

a. should the owner be requested and able to provide an off-site parkland dedication, then prior to the issuance of the first foundation building permit for the site, the owner shall satisfy the City Solicitor, in consultation with the Ward Councillor, that the owner has entered into an Agreement of Purchase and Sale for the acquisition of such off-site parkland dedication. 

6. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 and the Heritage Easement Agreement are executed and registered.

7. City Council determine that no further notice is to be given in respect of the proposed by-law amendment under section 34(17) of the Planning Act.

That the item be forwarded to City Council without recommendation.