Item - 2023.TE2.8

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 906 Yonge Street and 25 McMurrich Street and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2.  In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment;

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning by-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resource, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

e. the owner has entered into a Heritage Easement Agreement with the City for the property at 906 Yonge Street, substantially in accordance with the Revised Heritage Impact Assessment required in Part 2.d. above, subject to and in accordance with the approved Conservation Plan required in Part 2.f. below, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

f. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Part 2.d. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

g. the owner has submitted an application and gained approval in writing under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage property at 906 Yonge Street.

3. Prior to Final Site Plan approval for the Lands, or any part of the Lands, City Council direct that the owner shall:

a. provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 2.f. above to the satisfaction of the Senior Manager, Heritage Planning;

b. Provide an Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 

c. provide a Heritage Lighting Plan that describes how the building on the subject heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning; and

d. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning.

4. Prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, City Council direct that the owner shall:

a. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.f. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

b. provide a Letter of Credit, including provision for upwards indexing 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, Heritage Lighting Plan and Interpretation Plan.

5. Prior to the release of the Letter of Credit required in Part 4.b. above, City Council direct that the owner shall:

a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

6. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 906 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 906 Yonge Street.

8. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On November 8, 2021, Zoning By-law Amendment and Site Plan Control applications were submitted to permit a mixed-use complex with two tall buildings connected by a 2-storey base building. The tall building fronting Yonge Street is proposed to be 33-storeys, containing 213 dwelling units and 75 square metres of grade-related retail space. The tall building fronting McMurrich Street is proposed to be 19-storeys containing 188 dwelling units.

On July 18, 2022, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act.

The report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the applications in their current form and to continue discussions with the applicant to resolve outstanding issues.