Item - 2023.TE7.7

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 399-405 Yonge Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 2 to the report (August 31, 2023) from the Director, Community Planning, Toronto and East York District, as the draft Zoning By-law Amendment implements the proposal as set out in the settlement proposal that was accepted by City Council during its meeting of March 29, 30 and 31, 2021, with Section 4 in Attachment 2 amended by:

a.  deleting 1,620 square metres and inserting 1,550 square metres in Part (H)(ii) so that it now reads:

(ii) the required minimum gross floor area for the exclusive use of a “social housing program” is 1,550 square metres;

b.  adding the following provision:

“On the north side of the building or structure below a Canadian Geodetic height of 115.6 metres, no windows are permitted unless the building or structure is set back from the north lot line by 1 metre or more”

2.  City Council determine that no further notice is required to be given in respect of these changes under the Planning Act, RSO 1990.

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

4. City Council direct the City Solicitor to withhold the necessary Bills for enactment until the owner has, at its sole cost and expense, pursuant to section 453.1 of the City of Toronto Act, 2006, entered into an agreement with the owner of the lands and operator of the social housing program to secure the provision of a social housing program on the lands and register it in priority against title to the lands, with such terms and conditions satisfactory to the Executive Director, Housing Secretariat and the City Solicitor.

The Toronto and East York Community Council held a statutory public meeting on September 19, 2023 and notice was given in accordance with the Planning Act.

On June 14, 2022, a Zoning By-law Amendment application was submitted to permit a 75-storey mixed use building with 191.84 square metres of commercial space and 828 residential units at 399-405 Yonge Street.

The applicant appealed the application to the Ontario Land Tribunal on November 21, 2022, due to Council not making a decision within the time frame in the Planning Act.

At its February 7, 2023 meeting, City Council adopted recommendations that the City Solicitor and appropriate staff attend to the Ontario Land Tribunal in opposition to the application as proposed at the time and to continue discussion with the applicant in an attempt to resolve outstanding issues.  

City Council directed the Chief Planner and Executive Director, City Planning to bring forward a draft Zoning By-law Amendment permitting a 75-storey mixed-use building having a maximum height of 249.8 metres (252.3 metres inclusive of any mechanical projections), a minimum tall building setback of 5.5 metres from its east property line, and a social housing program after the applicant withdraws their appeal.

As directed, this report recommends the draft Zoning By-law Amendment which would permit a 75-storey building with 747 dwelling units including a social housing program at 399-405 Yonge Street.