Item - 2013.TE24.10

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize an amendment to the Official Plan for the lands at 197, 197R, 199 and 201 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 1 to the report  (April 29, 2013) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize an amendment to Zoning By-law 438-86 for the former City of Toronto, for the lands at 197, 197R, 199 and 201 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (April 29, 2013) 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 197, 197R, 199 and 201 Yonge Street to address all such issues and if required by the Executive Director, Engineering and Construction Services that the owner has entered into a secured Agreement with the City to ensure the provision of (a) the Functional Servicing Report, to the satisfaction of the Executive Director, Engineering and Construction Services; and (b) the Transportation Study, to the satisfaction of the General Manager, Transportation Services, should it be determined that improvements to such infrastructure are required to support this development.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into one or more Agreement(s) pursuant to Section 37 of the Planning Act to secure the following at the owner's sole expense to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Manager, Heritage Preservation Services:

i.          prior to the issuance of the first building permit issued for the Site under the Building Code Act, 1992 that is not a partial permit issued under such Act (the "Final Building Permit"), excluding permits for shoring and excavation, the owner of 197, 197R, 199 and 201 Yonge Street (the "Site") shall pay by certified cheque the sum of $500,000.00 together with upward indexing calculated from the date of this City Council decision to The Corporation of Massey Hall and Roy Thomson Hall ("Massey"), a not-for-profit charitable organization, such funds to be used by Massey for streetscape improvements to Yonge Street, St. Enoch’s Lane, Shuter Street and/or Victoria Street all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the local Business Improvement Association, to be further secured in the Three Party Agreement required in Part 6.iii. above;

ii.         prior to the issuance of the Final Building Permit, excluding permits for shoring and excavation, the owner of the Site shall pay to the City by certified cheque the sum of $250,000.00 together with upward indexing calculated from the date of this City Council decision, to be used for capital improvements to the Toronto Community Housing Corporation properties in Ward 27 in consultation with the local Ward Councillor;

iii.        prior to the issuance of the Final Building Permit, excluding permits for shoring and excavation, the owner of the Site shall pay by certified cheque the sum of $1,000,000.00 to Massey, together with upward indexing calculated from the date of this City Council decision, such funds to be used by Massey, to the satisfaction of the Chief Planner, for the first phase of its construction of the proposed expansion of Massy Hall;

iv.         prior to the issuance of any permit including pursuant to the Ontario Heritage Act and the Ontario Building Code Act, the owner of the Site at their cost shall complete the conveyance of the rear approximately 449.6 sq.m. portion of the Site directly adjacent to Massey Hall known as 15 Shuter Street (the "Conveyance Lands") at nominal cost to Massey, such conveyance to be consolidated with the Massey Hall lands located at 15 Shuter Street, 178 and 180 Victoria Street to include the freehold conveyance of such portion of the Site, together with appropriate easements over portions of the Site for construction, access, and future operations, together with rights to Massey to construct in a timely fashion and in accordance with a Construction Phasing Plan, and thereafter to maintain such addition.  The conveyed lands are to be used for the sole purpose of expansion to Massey Hall known as 15 Shuter Street in order to implement a maximum 6-storey addition to the existing designated building on the Massey Hall lands, such addition to be constructed to the rear of the existing Massey Hall auditorium and to include a two level basement and two level mechanical penthouse connected to the existing Massey Hall auditorium, and to be for the purpose of Massey Hall providing a larger, modern and needed space for performers, multiple elevators, new back-of-house space, new at grade loading facilities, new patron facilities including washrooms and lounge areas, administrative office space and performance space, substantially in accordance with site plan application 12-256738 STE 27 SA all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Manager, Heritage Preservation Services.  Such easement(s) to provide access to such addition over the Site, on a permanent basis and during construction and completion of such addition.

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

i.          the owner of the Site, at its expense, apply for and obtain consent to sever the Conveyance Lands for the purpose of conveying such lands to Massey, pursuant to the Planning Act, together with obtaining consent for any necessary easements for Massey Hall and the owner to access appropriate lands, for construction access, and obtaining consent for necessary easements to replace any current easements with neighbouring property owners for access which are inconsistent with the proposed development, all to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning, in consultation with Massey and such neighbouring property owners.  Any such consents to be conditional upon the coming into full force and effect of such Official Plan and Zoning By-law Amendments and the purpose of such consents to be for such Conveyance Lands to be consolidated with the Massey Hall lands located at 15 Shuter Street, 178  and 180 Victoria Street;

ii.         the owner  of the site transfer in escrow at nominal cost to an escrow agent (to be identified by the owner and Massey) the Conveyance Lands to Massey, providing for the conveyance of such lands to Massey in accordance with the timing in Part 5.iv. above; and

iii.        that the owner of the Site enter into and register a Three Party Agreement on title to the Site and the Massey Hall lands, with the City and Massey, to secure amongst other matters, the conveyance of the Conveyance Lands and associated easement(s) to Massey, to ensure the limited purpose of the conveyance and easements; a Construction Phasing Plan which provides for the construction of the owner's Development and the Massey Hall Development, as well as the operation of Massey Hall during construction and the necessary rights in order that Massey is reasonably able to construct in a timely manner the completion of the Massey Hall Development; to address the timing of any removal of all or any portion of the structure related to the Albert building and to require a Heritage Easement Agreement be entered into by Massey with the City prior to Final Site Plan Approval for any expansion of Massey Hall.

7.         City Council require prior to the issuance of Final Site Plan Approval for all or any portion of the site through the Site Plan Approval process under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act that shall include such matters as:

i.          provide a detailed Conservation Plan substantially in accordance with the conservation work described in the HIA to the satisfaction of the Manager, Preservation Services;

ii.         that the owner of the Site submit an Interpretation Plan that interprets the cultural heritage values of the heritage property on the Site and implement such Plan, to the satisfaction of the Manager, Heritage Preservation Services; and

iii.        that the owner of the Site submit, implement and maintain a Lighting Plan for the sensitive illumination of the Yonge Street elevation of the heritage property on the Site to enhance the building’s heritage character, to the satisfaction of the Manager, Heritage Preservation Services.

8.         City Council direct that an Encroachment Agreement(s) for the passerelles, canopy, fire escapes and signage (collectively the “Encroachments”) into the right-of-ways of Victoria Street, Shuter Street and St. Enoch’s Square, substantially in accordance with such site plan application 12-256738 STE 27 SA subject to revisions acceptable to the Chief Planner and Executive Director, City Planning in consultation with the Manager, Heritage Preservation Services, City Solicitor and the Executive Director, Engineering and Construction Services, and subject to the owner entering into Encroachment Agreement(s) with the City of Toronto on the City’s generally accepted terms satisfactory to the City Solicitor and the Executive Director, Engineering and Construction Services, such Encroachment Agreements to be executed prior to the issuance of building permits for the Encroachments, with all application and annual fees for the Encroachments to be nominal.

9.         City Council determine that no further notice need be given respecting the Draft By-laws.