Item - 2016.TE17.21
Tracking Status
- City Council adopted this item on July 12, 2016 without amendments.
- This item was considered by the Toronto and East York Community Council on June 14, 2016 and adopted without amendment. It will be considered by City Council on July 12, 2016.
TE17.21 - Request for Direction Report - 1-7 Yonge Street - Official Plan Amendment and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 28 - Toronto Centre-Rosedale
City Council Decision
City Council on July 12, 13, 14 and 15, 2016, adopted the following:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing in support of a settlement of the Official Plan and Zoning By-law Amendment applications for 1-7 Yonge Street, based on the following matters and principles of settlement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
a. the applicant's February 16, 2016 plans as described in the report (May 16, 2016) from the Chief Planner and Executive Director, City Planning, subject to any revisions, to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. a Holding (H) symbol being added to the zoning for the portion of the subject property identified as Phases 2 to 5 in Attachment 9 to the report (May 16, 2016) in the site-specific Zoning-By-law Amendment, requiring the following matters to be provided and their implementation secured through the execution and registration on title of an agreement or agreements pursuant to Section 37 and Sections 51 and/or 53 of the Planning Act, as appropriate and pursuant to Section 114 of the City of Toronto Act, 2006, including any necessary financial securities, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
i. resolution of sanitary servicing capacity issues, pending implementation of the necessary capital improvements identified through the Waterfront Sanitary Servicing Master Plan Environmental Assessment Update, all to the satisfaction of the General Manager, Toronto Water and the Executive Director, Engineering and Construction Services;
ii. incorporation, including securing implementation of the recommendations of the Lower Yonge Precinct Municipal Class Environmental Assessment (MCEA), including: the location, design and provision of the planned transportation network, including improvements thereto, necessary to support the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;
iii. submission of streetscape plans for all streets surrounding the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, including securing implementation of such plans;
iv. final confirmation and conveyance, or satisfactory securing of the conveyance, of the required off-site parkland dedication pursuant to section 42 of the Planning Act, in accordance with the Parks and Open Space policies in the Lower Yonge Precinct Official Plan Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the General Manager, Parks, Forestry and Recreation; and
v. the registration of a plan of subdivision and agreements, as appropriate, providing for amongst other things: the extension of Harbour Street through the site connecting Yonge Street to Freeland Street, including the proposed bi-directional cycle track on the south side of Harbour Street; intersection improvements for both the Yonge Street and Harbour Street and Yonge Street and Lake Shore Boulevard East intersections; conversion of Harbour Street to two-way operations between Yonge Street and York Street, and municipal services and infrastructure, all at the owner's expense, and including provisions for required conveyances and financial securities;
c. the provision by the owner at its expense, to the City of the following payments and/or capital improvements, facilities and matters to be included in the zoning by-law amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, such matters to be further secured by the entering into and registration of an Agreement under Section 37 of the Planning Act prior to any Order issuing by the Ontario Municipal Board, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and to include amongst other matters, the timing for the provision of such improvements, facilities and matters, the provision of letters of credit to secure such matters, and where appropriate, insurance and indemnification:
i. the design, construction, provision and conveyance to the City of an on-site 4,772 square metre (approximately 51,000 square foot) community centre (excluding fit-outs) through a freehold strata conveyance of the associated floor space. The community centre shall occupy the ground and second storey levels with frontage on Freeland and Harbour Street and shall be designed as a neighbourhood landmark including as its anchors a double gymnasium and a six-lane, 25 metre pool in addition to the provision of designated staff parking spaces, shared visitor parking and designated community centre bicycle parking spaces at ground level. The completion and conveyance of such facility and lands is expected to be within the first new building erected on the site, at the completion of Phase 1 of the proposed development, as identified in Attachment 9 to the report (May 16, 2016) from the Director, Community Planning, Toronto and East York District;
ii. affordable rental housing units, comprising at least 10 percent of the proposed residential gross floor area to be erected on the site, to be provided pro rata with each portion of the residential development, with details of the location, access, availability of facilities and amenities, number of units, unit sizes, affordability term and rental tenure to be resolved prior to the Ontario Municipal Board hearing;
iii. conveyance, including if necessary the satisfactory securing of the conveyance, of the required off-site parkland dedication pursuant to Section 42 of the Planning Act, in accordance with the Parks and Open Space policies in the Lower Yonge Precinct Official Plan Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the General Manager, Parks, Forestry and Recreation. Such conveyance may include requirement for an escrow conveyance and provisions to ensure the City obtains all of the anticipated section 42 off-site parkland dedication at the first and earliest possible opportunity, and may include a requirement for a Three Party Agreement between the City, the owner of the site and the owner of the off-site parkland as part of the Section 37 requirements. A Three Party Agreement would be required to be executed and registered prior to the Ontario Municipal Board issuing its Order;
iv. the design and construction of landscape enhancements to the city-owned parcel of lands at the southeast corner of Yonge Street and Lake Shore Boulevard, upon completion of the normalization of this intersection, including the provision of a letter of credit to secure such work and timing for the provision of said letter of credit;
v. participation in the City's Percent for Public Art Program, in collaboration with Waterfront Toronto and in accordance with the Public Art Plan contained within the Lower Yonge Precinct Plan, dated April 2016;
vi. art on construction hoarding, in accordance with the City's START (Street Art Toronto) program; and
vii. a cash contribution to the City prior to the issuance of the above-grade building permit for the second phase of development (Tower 1 at 95 storeys or 291 metres), identified as Phase 2 in Attachment 9 to the report (May 16, 2016) from the Director, Community Planning, Toronto and East York District with the contribution to be used by the City towards the following capital improvements, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the local Councillor:
A. a cash payment of $1,000,000 towards the Jack Layton Ferry Terminal redevelopment;
B. a cash contribution towards the: two-way conversion of Harbour Street between Yonge and York Streets; full upgrade of Yonge Street from Queens Quay to Front Street; removal of the Bay Street on-ramp to the eastbound Gardiner Expressway; shortening of the Lower Jarvis off-ramp from the eastbound Gardiner Expressway; and/or re-construction of Lake Shore Boulevard East from Yonge Street to Lower Jarvis Street, all in accordance with the recommendations from the Lower Yonge Precinct Municipal Class Environmental Assessment (MCEA); and
C. a cash contribution to pay for the full costs of an upgraded cycling facility on Yonge Street between Queens Quay and Front Street, except for the portion abutting their site, which is required in Part 1.f.ii. below, with the design conforming to the recommendations from the Lower Yonge Precinct MCEA;
d. the required cash contributions pursuant to Part 1.c.vii. A. B. and C. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made;
e. in the event the cash contributions in Part 1.c.vii A. B. and C. above have not been used for the intended purposes within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands;
f. the following matters are also recommended to be secured in the Section 37 Agreement and the zoning by-law amendment as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and to include amongst other matters, the timing for the provision of such improvements, facilities and matters, the provision of letters of credit to secure such matters, where appropriate, insurance and indemnification:
i. the design, provision and maintenance of public realm enhancements on all streets surrounding the two development blocks on the subject property, with the design in accordance with the public realm concept component of the Lower Yonge Precinct MCEA, to be implemented through the site plan approval process;
ii. the provision of an upgraded cycling facility on the east side of Yonge Street abutting the site, with the design conforming to the recommendations from the Lower Yonge Precinct MCEA;
iii. the design and construction of the extension of Harbour Street through the subject property, including the proposed bi-directional, cycling facility along the south side of Harbour Street, with the design of both conforming to the recommendations from the Lower Yonge Precinct MCEA to the satisfaction of the General Manager, Transportation Services;
iv. the design and construction of intersection improvements (i.e. normalization) for both the Yonge Street and Harbour Street and Yonge Street and Lake Shore Boulevard East intersections, in accordance with the Lower Yonge Precinct MCEA to the satisfaction of the General Manager, Transportation Services;
v. the design, construction, provision and maintenance of above and below-grade PATH connections to the subject property and through the proposed development, including the conveyance at nominal costs to the City of easement(s) for use by the general public;
vi. the provision and maintenance of design excellence and materials for the tallest two towers, two tallest towers, Tower 1 not to exceed a height of 95 storeys (291 metres) and Tower 2 not to exceed a height of 80 storeys (246 metres);
vii. the Owner shall construct and maintain the development in accordance with Tier 1 and 2 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee;
viii. the provision and implementation of landscape phasing plans to reflect interim conditions following each of the first four phases of the proposed development, all in accordance with the Lower Yonge Precinct MCEA; and
ix. the fit-out of the community centre, as provided for in Part 5 below, to the extent of the Development Charge credit.
2. City Council authorize the City Solicitor to request that the Ontario Municipal Board to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment pending:
a. receipt of confirmation from the City Solicitor that the final form of the amendments to the former City of Toronto Official Plan and former City of Toronto Zoning By-law are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Part 1.c.iii. above; and
c. conformity of the proposed development with the recommendations of the Lower Yonge Precinct Municipal Class Environmental Assessment, including the alignment of Harbour Street and proposed public realm concept plan.
3. Prior to any Ontario Municipal Board hearing commencing, City Council direct that the following are required to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
a. resolution of outstanding items outlined in the memo from City of Toronto, Development Engineering, dated May 4, 2016, particularly with respect to hydrogeological (i.e. groundwater) matters, to the satisfaction of the Executive Director, Engineering and Construction Services;
b. submission of a Master Functional Servicing Plan for the Lower Yonge Precinct satisfactory to the Executive Director, Engineering and Construction Services;
c. satisfactory securing of the conveyance to the City of the proposed off-site parkland dedication, including the entering into of a Memorandum of Understanding, or such other satisfactory agreement between the City, the owner of the site and the owner of the proposed off-site parkland, with provisions to bind successors and assigns and with provisions as set out in Part 4 below;
d. resolution of design and implementation matters associated with the proposed community centre as set out in Part 5 below, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
e. confirmation of acceptable terms associated with the required affordable rental housing contribution, including the location, access, availability of facilities and amenities, number of units, unit sizes, affordability term and rental tenure; and
f. resolution, including securing if required, of mitigation measures addressing compatibility with Redpath Sugar's industrial operations at 95 Queens Quay East. Such measures may be secured in the Section 37 Agreement as a matter of legal convenience.
4. City Council require parkland dedication pursuant to Section 42 of the Planning Act to be conveyed to the City, in the form of an on-site dedication of land, or if appropriately secured, an off-site dedication of land to the City at a location acceptable to the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning, with the intention of creating an approximately 1 hectare centralized park within the Lower Yonge Precinct, such dedication to include base park improvements, as required below:
a. the site selected for public parkland purposes shall be equal to the value of the on-site dedication as appraised by Real Estate Services as of the day before the above grade building permit is issued and located within the Lower Yonge Precinct Plan area. The location of the off-site parkland shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor. The land to be conveyed as off-site parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation;
b. the owner will be required to enter into an agreement with the property owner at 55 Lake Shore Blvd East in order to present a coordinated approach to the clean-up and delivery of parkland to the Parks, Forestry and Recreation Department subject to Official Plan Policy 3.2.3, as well as the City's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. Such agreement could be a component of the Three Party Agreement, referred to in Part 1.c.iii above; and
c. the owner shall pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication and the park dedication shall include the provision by the owner of base park improvements satisfactory to the General Manager Parks, Forestry and Recreation.
5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the fit out of the Community Centre, by the owner, to include all internal program elements and finishes, 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 Community Centre, 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 may be amended from time to time.
6. City Council authorize the City Solicitor and other City staff to take such actions, as are required, to give effect to Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-93840.pdf
Motions (City Council)
Vote (Adopt Item) Jul-12-2016 10:50 AM
Result: Carried | Majority Required - TE17.21 - Adopt the item |
---|---|
Total members that voted Yes: 40 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 4 | Members that were absent are Mark Grimes, Ron Moeser, Anthony Perruzza, David Shiner |
TE17.21 - Request for Direction Report - 1-7 Yonge Street - Official Plan Amendment and Zoning Amendment Applications
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 28 - Toronto Centre-Rosedale
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing in support of a settlement of the Official Plan and Zoning By-law Amendment applications for 1-7 Yonge Street, based on the following matters and principles of settlement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
a. The applicant's February 16, 2016 plans as described in the report (May 16, 2016) from the Chief Planner and Executive Director, City Planning, subject to any revisions, to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. A Holding (H) symbol being added to the zoning for the portion of the subject property identified as Phases 2 to 5 in Attachment 9 of the report (May 16, 2016) in the site-specific Zoning-By-law Amendment, requiring the following matters to be provided and their implementation secured through the execution and registration on title of an agreement or agreements pursuant to Section 37 and Sections 51 and/or 53 of the Planning Act, as appropriate and pursuant to Section 114 of the City of Toronto Act, 2006, including any necessary financial securities, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
i. Resolution of sanitary servicing capacity issues, pending implementation of the necessary capital improvements identified through the Waterfront Sanitary Servicing Master Plan Environmental Assessment Update, all to the satisfaction of the General Manager, Toronto Water and the Executive Director, Engineering and Construction Services;
ii. Incorporation, including securing implementation of the recommendations of the Lower Yonge Precinct Municipal Class Environmental Assessment (MCEA), including: the location, design and provision of the planned transportation network, including improvements thereto, necessary to support the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;
iii. Submission of streetscape plans for all streets surrounding the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, including securing implementation of such plans;
iv. Final confirmation and conveyance, or satisfactory securing of the conveyance, of the required off-site parkland dedication pursuant to section 42 of the Planning Act, in accordance with the Parks and Open Space policies in the Lower Yonge Precinct Official Plan Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the General Manager, Parks, Forestry and Recreation; and
v. The registration of a plan of subdivision and agreements, as appropriate, providing for amongst other things: the extension of Harbour Street through the site connecting Yonge Street to Freeland Street, including the proposed bi-directional cycle track on the south side of Harbour Street; intersection improvements for both the Yonge Street and Harbour Street and Yonge Street and Lake Shore Boulevard East intersections; conversion of Harbour Street to two-way operations between Yonge Street and York Street, and municipal services and infrastructure, all at the owner's expense, and including provisions for required conveyances and financial securities.
c. The provision by the owner at its expense, to the City of the following payments and/or capital improvements, facilities and matters to be included in the zoning by-law amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, such matters to be further secured by the entering into and registration of an Agreement under Section 37 of the Planning Act prior to any Order issuing by the Ontario Municipal Board, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and to include amongst other matters, the timing for the provision of such improvements, facilities and matters, the provision of letters of credit to secure such matters, and where appropriate, insurance and indemnification:
i. The design, construction, provision and conveyance to the City of an on-site 4,772 square metre (approximately 51,000 square foot) community centre (excluding fit-outs) through a freehold strata conveyance of the associated floor space. The community centre shall occupy the ground and second storey levels with frontage on Freeland and Harbour Street and shall be designed as a neighbourhood landmark including as its anchors a double gymnasium and a six-lane, 25 metre pool in addition to the provision of designated staff parking spaces, shared visitor parking and designated community centre bicycle parking spaces at ground level. The completion and conveyance of such facility and lands is expected to be within the first new building erected on the site, at the completion of Phase 1 of the proposed development, as identified in Attachment 9 of the report (May 16, 2016) from the Director, Community Planning, Toronto and East York District.
ii. Affordable rental housing units, comprising at least 10 percent of the proposed residential gross floor area to be erected on the site, to be provided pro rata with each portion of the residential development, with details of the location, access, availability of facilities and amenities, number of units, unit sizes, affordability term and rental tenure to be resolved prior to the Ontario Municipal Board hearing.
iii. Conveyance, including if necessary the satisfactory securing of the conveyance, of the required off-site parkland dedication pursuant to section 42 of the Planning Act, in accordance with the Parks and Open Space policies in the Lower Yonge Precinct Official Plan Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the General Manager, Parks, Forestry and Recreation. Such conveyance may include requirement for an escrow conveyance and provisions to ensure the City obtains all of the anticipated section 42 off-site parkland dedication at the first and earliest possible opportunity, and may include a requirement for a Three Party Agreement between the City, the owner of the site and the owner of the off-site parkland as part of the Section 37 requirements. A Three Party Agreement would be required to be executed and registered prior to the Ontario Municipal Board issuing its Order.
iv. The design and construction of landscape enhancements to the city-owned parcel of lands at the southeast corner of Yonge Street and Lake Shore Boulevard, upon completion of the normalization of this intersection, including the provision of a letter of credit to secure such work and timing for the provision of said letter of credit;
v. Participation in the City's Percent for Public Art Program, in collaboration with Waterfront Toronto and in accordance with the Public Art Plan contained within the Lower Yonge Precinct Plan, dated April 2016;
vi. Art on construction hoarding, in accordance with the City's START (Street Art Toronto) program; and
vii. A cash contribution to the City prior to the issuance of the above-grade building permit for the second phase of development (Tower 1 at 95 storeys or 291 metres), identified as Phase 2 in Attachment 9 of the report (May 16, 2016) from the Director, Community Planning, Toronto and East York District with the contribution to be used by the City towards the following capital improvements, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the local Councillor:
A. A cash payment of $1,000,000 towards the Jack Layton Ferry Terminal redevelopment;
B. A cash contribution towards the: two-way conversion of Harbour Street between Yonge and York Streets; full upgrade of Yonge Street from Queens Quay to Front Street; removal of the Bay Street on-ramp to the eastbound Gardiner Expressway; shortening of the Lower Jarvis off-ramp from the eastbound Gardiner Expressway; and/or re-construction of Lake Shore Boulevard East from Yonge Street to Lower Jarvis Street, all in accordance with the recommendations from the Lower Yonge Precinct Municipal Class Environmental Assessment (MCEA); and
C. A cash contribution to pay for the full costs of an upgraded cycling facility on Yonge Street between Queens Quay and Front Street, except for the portion abutting their site, which is required in Recommendation 1.f.ii. below, with the design conforming to the recommendations from the Lower Yonge Precinct MCEA;
d. The required cash contributions pursuant to Recommendation 1.c.viii. A. B. and C. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made;
e. In the event the cash contributions in Recommendation 1.c.viii A. B. and C. above have not been used for the intended purposes within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands;
f. The following matters are also recommended to be secured in the Section 37 Agreement and the zoning by-law amendment as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and to include amongst other matters, the timing for the provision of such improvements, facilities and matters, the provision of letters of credit to secure such matters, where appropriate, insurance and indemnification:
i. The design, provision and maintenance of public realm enhancements on all streets surrounding the two development blocks on the subject property, with the design in accordance with the public realm concept component of the Lower Yonge Precinct MCEA, to be implemented through the site plan approval process;
ii. The provision of an upgraded cycling facility on the east side of Yonge Street abutting the site, with the design conforming to the recommendations from the Lower Yonge Precinct MCEA;
iii. The design and construction of the extension of Harbour Street through the subject property, including the proposed bi-directional, cycling facility along the south side of Harbour Street, with the design of both conforming to the recommendations from the Lower Yonge Precinct MCEA to the satisfaction of the General Manager, Transportation Services;
iv. The design and construction of intersection improvements (i.e. normalization) for both the Yonge Street and Harbour Street and Yonge Street and Lake Shore Boulevard East intersections, in accordance with the Lower Yonge Precinct MCEA to the satisfaction of the General Manager, Transportation Services;
v. The design, construction, provision and maintenance of above and below-grade PATH connections to the subject property and through the proposed development, including the conveyance at nominal costs to the City of easement(s) for use by the general public;
vi. The provision and maintenance of design excellence and materials for the tallest two towers, two tallest towers, Tower 1 not to exceed a height of 95 storeys (291 metres) and Tower 2 not to exceed a height of 80 storeys (246 metres);
vii. The Owner shall construct and maintain the development in accordance with Tier 1 and 2 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 at the Planning and Growth Management Committee;
viii. The provision and implementation of landscape phasing plans to reflect interim conditions following each of the first four phases of the proposed development, all in accordance with the Lower Yonge Precinct MCEA; and
ix. The fit-out of the community centre, as provided for in Recommendation 5 below, to the extent of the Development Charge credit.
2. City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold its Order on the Official Plan Amendment and Zoning By-law Amendment pending:
a. Receipt of confirmation from the City Solicitor that the final form of the amendments to the former City of Toronto Official Plan and former City of Toronto Zoning By-law are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. Receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Recommendation 1.c.iii. above; and
c. Conformity of the proposed development with the recommendations of the Lower Yonge Precinct Municipal Class Environmental Assessment, including the alignment of Harbour Street and proposed public realm concept plan.
3. Prior to any Ontario Municipal Board hearing commencing, the following are required to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
a. Resolution of outstanding items outlined in the memo from City of Toronto, Development Engineering, dated May 4, 2016, particularly with respect to hydrogeological (i.e. groundwater) matters, to the satisfaction of the Executive Director, Engineering and Construction Services;
b. Submission of a Master Functional Servicing Plan for the Lower Yonge Precinct satisfactory to the Executive Director, Engineering and Construction Services;
c. Satisfactory securing of the conveyance to the City of the proposed off-site parkland dedication, including the entering into of a Memorandum of Understanding, or such other satisfactory agreement between the City, the owner of the site and the owner of the proposed off-site parkland, with provisions to bind successors and assigns and with provisions as set out in Recommendation 4 below;
d. Resolution of design and implementation matters associated with the proposed community centre as set out in Recommendation 5 below, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
e. Confirmation of acceptable terms associated with the required affordable rental housing contribution, including the location, access, availability of facilities and amenities, number of units, unit sizes, affordability term and rental tenure; and
f. Resolution, including securing if required, of mitigation measures addressing compatibility with Redpath Sugar's industrial operations at 95 Queens Quay East. Such measures may be secured in the Section 37 Agreement as a matter of legal convenience.
4. City Council require parkland dedication pursuant to Section 42 of the Planning Act to be conveyed to the City, in the form of an on-site dedication of land, or if appropriately secured, an off-site dedication of land to the City at a location acceptable to the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning, with the intention of creating an approximately 1 hectare centralized park within the Lower Yonge Precinct, such dedication to include base park improvements, as required below:
a. The site selected for public parkland purposes shall be equal to the value of the on-site dedication as appraised by Real Estate Services as of the day before the above grade building permit is issued and located within the Lower Yonge Precinct Plan area. The location of the off-site parkland shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor. The land to be conveyed as off-site parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation;
b. The owner will be required to enter into an agreement with the property owner at 55 Lake Shore Blvd East in order to present a coordinated approach to the clean-up and delivery of parkland to the Parks, Forestry and Recreation Department subject to Official Plan Policy 3.2.3, as well as the City's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. Such agreement could be a component of the Three Party Agreement, referred to in Recommendation 1.c.iii above; and
c. The owner shall pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication and the park dedication shall include the provision by the owner of base park improvements satisfactory to the General Manager Parks, Forestry and Recreation.
5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the fit out of the Community Centre, by the owner, to include all internal program elements and finishes, 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 Community Centre, 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 may be amended from time to time.
6. City Council authorize the City Solicitor and other City staff to take such actions, as are required, to implement Recommendations 1 to 5 above.
Origin
Summary
These applications for 1-7 Yonge Street propose a mixed-use development on two development blocks, bisected by a proposed eastward extension of Harbour Street. On the south block, the proposal seeks to add a new office complex comprised of a 35-storey building connected to the existing, retained 25-storey Toronto Star building, and a 22-storey building on the east side of the block, stepping down to a five to six-storey base building. On the north block, three new residential buildings are proposed: a 95-storey tower on the west side fronting Yonge Street, an 80-storey tower at the northeast corner and a 65-storey tower at the southeast corner, all on two to six-storey mixed-use base buildings. A 4,772 square metre (approximately 51,000 square foot) community centre is proposed on the ground and second floors of the 65-storey tower at the southeast corner of the north block. A total of 10% of the proposed residential gross floor area is proposed to be dedicated to affordable rental housing. A number of public realm improvements are also proposed, including the opening up of the ground and second floor levels of the existing Toronto Star building and the creation of a 10 to 17 metre wide pedestrian promenade along the Yonge Street frontage of the site.
Both the Official Plan and Zoning By-law Amendment applications have been appealed to the Ontario Municipal Board (OMB), based on City Council's failure to make a decision within the required time period. The purpose of this report is to request direction from City Council regarding an upcoming 10 day OMB hearing of the appeal, scheduled to commence on October 24, 2016.
The applicant has made significant revisions to the application since its original submission in March 2013, based on feedback from City and Agency staff, area stakeholders and the public. The current proposal has the potential to conform with the proposed Lower Yonge Precinct Plan and Official Plan Amendment provided matters identified in this report are appropriately secured and addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The Lower Yonge Precinct Plan and Official Plan Amendment were recommended by the Director, Community Planning, Toronto and East York District, respectively, for endorsement by City Council and for approval by the OMB, in the Lower Yonge Precinct Final Report, dated April 22, 2016. The Toronto and East York Community Council on May 10, 2016 supported the recommendations contained with the report, which will be before City Council at their meeting on June 7/8, 2016.
Staff are recommending that Council authorize the City Solicitor, City Planning staff and other appropriate City staff attend the OMB hearing to support the revised redevelopment proposal for 1-7 Yonge Street at the OMB subject to certain matters being addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as set out in this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-93840.pdf