Item - 2024.TE13.5

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 639-653 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the revised report (April 26, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 639-653 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the revised report (April 26, 2024) from the Director, Community Planning, Toronto and East York District.

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

4. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, for Eligible Tenants of the existing four (4) rental dwelling units proposed to be demolished.

5. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to Section 37(6) of the Planning Act in the development and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

6. City Council approve that in accordance with Section 42 of the Planning Act, prior the first Above Grade Building Permit, the owner shall convey to the City, an off-site parkland dedication, having a minimum size of 69.1 square metres, comprised of a portion of the property municipally known in the year 2023 as 14 Isabella Street, with the remaining parkland dedication to be provided as a cash-in-lieu payment, prior to the first above grade building permit, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation, and the City Solicitor.

7. City Council approve the acceptance of an off-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.

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

a. provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing the implementation of the Tenant Relocation and Assistance Plan required by Recommendation 4 above;

b. enter into a Heritage Easement Agreement with the City for the properties at 639, 641, 645, 649 and 651 Yonge Street substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., subject to and in accordance with the Conservation Plan required in Recommendation 8.c. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

c. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning;

d. withdraw their appeal(s) of the Historic Yonge Street Heritage Conservation District Plan as it relates to 639, 641, 645, 649 and 651 Yonge Street, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals, or advise the City Solicitor, in writing, that they shall not object to the Historic Yonge Street Heritage Conservation District Plan and only maintain a monitoring brief of the hearing on the merits;

e. enter into an Agreement, or similar legal instrument, between the owner of 639-653 Yonge Street, the owner of 663 Yonge Street, and the City, to be registered on title to 663 Yonge Street that would prevent the erection of a building above the existing height permissions, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;  

f. submit a Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and

g. enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

9. City Council authorize the City Solicitor and appropriate City staff to take such steps, as required, to implement City Council's decision.

The Toronto and East York Community Council held a statutory public meeting on May 7, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 76-storey mixed-use building (280 metres including mechanical penthouse) containing residential and commercial uses at 639-653 Yonge Street. The proposal includes 789 dwelling units and 1,442 square metres of non-residential space including 790 square metres of retail space at grade. A publicly-accessible retail gallery is proposed as part of the base building. The Official Plan Amendment to Site and Area Specific Policy 382 is required to permit the proposed building on site, varying performance standards relating to height, massing, and tower setbacks.

The proposal includes provision of 69.1 square metres of parkland with approximately three metres of frontage on Isabella Street to be located on the southeast portion the property at 14 Isabella Street. The parkland dedication allows for the expansion of the Isabella Street frontage of George Hislop Park, located to the east of the site.   

The site contains properties designated under Part IV of the Ontario Heritage Act located at 639, 641, 645, 649, and 651 Yonge Street. The development proposal involves the in-situ retention of the facades of all of the significant heritage buildings fronting onto Yonge Street and Isabella Street. 

The site contains four rental dwelling units which are proposed to be demolished. As the number of units to be demolished is fewer than six, a Rental Housing Demolition and Conversion Application is not required. A Tenant Relocation and Assistance Plan is required to be provided for the eligible tenants of the existing 4 rental dwelling units.