Item - 2017.TE22.15

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application (File No. 14 268423 STE 22 OZ) for 1417-1431 Yonge Street for the reasons outlined in the report (January 25, 2017) from the Director, Community Planning, Toronto and East York District.

2.  City Council authorize the City Solicitor and City Planning staff to continue discussions with the applicant in an attempt to resolve issues outlined in the report (January 25, 2017) from the Director, Community Planning, Toronto and East York District.

3.  City Council defer making a decision on Rental Housing Demolition application (File No.  15 168679 STE 22 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 13 existing rental dwelling units at 1423A and 1429 Yonge Street and instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 1417-1431 Yonge Street.

4.  In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request that the Ontario Municipal Board withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and content satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor, including securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance and other related rental matters and other Section 37 matters, all to the satisfaction of the City Solicitor.

5.  In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeal for the subject lands pending City Council dealing with the application No. 15 168679  STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 13 existing rental dwelling units at 1417 to 1431 Yonge Street.

6.  In the event that the appeal is allowed in whole or in part by the Ontario Municipal Board, City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or other matters pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor in consultation with the Ward Councillor, for public art, streetscape and local park improvements and additional community services and facilities in the Yonge-St. Clair Secondary Plan Area, together with any matters to be secured as a matter of convenience.

On November 24, 2015, the applicant appealed Council's refusal of a Zoning By-law and Official Plan amendment application for a 42-storey mixed-use tower at 1417-1421 Yonge Street to the Ontario Municipal Board (OMB).

On August 2, 2016 at the OMB pre-hearing, the applicant informed the Board of a revised proposal for its site, which was expanded to include 1431 Yonge Street.

The revised proposal is a 46-storey (164 metres including mechanical penthouse) mixed-use building with retail and office uses in a base building and a residential tower above. A total of 379 residential units, 196 parking spaces and 432 bicycle parking spaces are proposed.

The purpose of this report is to seek direction from City Council with respect to the revised proposal for the upcoming OMB hearing in June 2017.

The height and massing of the revised proposal does not conform to the policies of the Official Plan and Secondary Plan; does not fit within the existing and planned context of the Yonge - St. Clair area; and, does not adequately address the public realm along Yonge Street.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of the 13 existing rental dwelling units located at 1423A and 1429 Yonge Street.

Staff recommend that Council's decision on the application for Rental Housing Demolition under Section 111 of the City of Toronto Act be deferred, as the proposed development is not supported by Planning staff. Council's decision under this statute is not appealable to the OMB. Following the OMB decision on the Official Plan and Zoning By-law Amendment appeals, the Section 111 permit application will return to Council for consideration.