Item - 2023.TE4.12

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 49 Ontario Street and 72-94 Berkeley Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 22, 2023) from the Acting Director, Community Planning, Toronto and East York District.

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 that, in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 581 square metres and in a location as depicted in Attachment 7 to the report (March 22, 2023) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City 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.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as amended.

6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. enter into a Heritage Easement Agreement with the City for the properties at 72-78 Berkeley Street substantially in accordance with the plans and drawings dated October 31, 2022, prepared by architectsAlliance and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated October 31, 2019, revised February 21, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 6.b. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the properties at 72-78 Berkeley Street prepared by ERA Architects Inc., dated October 31, 2019, revised February 21, 2023, to the satisfaction of the Senior Manager, Heritage Planning;

c. provide a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing municipal infrastructure is adequate to service the proposed development and to determine whether any upgrades may be required to the existing infrastructure to support the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. enter into a financially secured agreement to secure the design and construction of any improvements to the municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to the satisfaction of 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; and

e. provide the City with withdrawal letters for appeals of Official Plan Amendment 525 (respecting Appeal 10) and Official Plan Amendment 352 (respecting Appeal 131.18) to be held in escrow until the Zoning By-law Amendment is in full force and effect.

The Toronto and East York Community Council held a statutory public meeting on April 12, 2023 and notice was given in accordance with the Planning Act.

This report recommends approval of the application to amend the Zoning By-law to permit three buildings of 11, 39 and 44 storeys containing 1,099 square metres of retail, 15,206 square metres of office and 1,094 dwelling units, retention of existing heritage rowhouses, an east-west mid-block connection and a 581 square metre public park at 49 Ontario Street and 72-94 Berkeley Street.