Item - 2017.TE23.8

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 826-834 Yonge Street and 2-8 Cumberland Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (March 14, 2017) 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 826-834 Yonge Street and 2-8 Cumberland substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (March 14, 2017) 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 Zoning By-law Amendments as may be required.
 

4.  Before introducing the necessary Bills to City Council for enactment, require the Owner of the lands at 826-834 Yonge Street and 2-8 Cumberland Street to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
         

a.  The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  An indexed cash payment of $4,200,000.00 payable prior to issuance of the first above-grade building permit. The amount is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

 
a.  $250,000.00 towards the expansion of Toronto Bike Share.

 
b.  $500,000.00 towards public art, in accordance with the City of Toronto Public Art Program.
 

c.  $345,000.00 towards capital improvements for new or existing Toronto Community Housing and/or affordable housing in consultation with the local Councillor.

 
d.  $345,000.00 towards capital improvements for new or existing cultural and/or community space, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.
 

e.  $2,760,000.00 towards local area park or streetscape improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the local Councillor.

b.  The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  The Owner shall provide and maintain a privately owned and publicly-accessible open space (POPS) with a pedestrian walkway at the west portion of site with the specific location, configuration and design to be determined in the context of a site plan approval process pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor.

ii.  The Owner shall provide and maintain on-site dog off-leash amenities with proper disposal facilities for the building residents or dog relief stations within the building.

iii.  The Owner shall provide 10 percent family sized units in the development, with a minimum unit area of 79.0 square metres and shall contain at least two bedrooms.

iv.  Pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.

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

a.  enter into a Heritage Easement Agreement with the City for the properties at 826-834 Yonge Street (including 2 Cumberland Street) to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such Agreement to the satisfaction of the City Solicitor; and 

b.  provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 826-834 Yonge Street (including 2 Cumberland Street) prepared by GBCA Architects, dated November 8, 2016, to the satisfaction of the Senior Manager, Heritage Preservation Services.

 
6.  City Council grant authority to initiate the expropriation process for the City to acquire a property located at the rear of 8 Cumberland Street depicted as the "Orphaned Lane" on Attachment 2 (the "Lands") to the report (March 14, 2017) from the Director, Community Planning, Toronto and East York District, for the completion of a public laneway, conditional upon the Owner of the property located at 8 Cumberland Street entering into a binding agreement, in a form satisfactory to the City Solicitor, in which, among other things, the Owner agrees to pay all costs associated with the City's acquisition or expropriation of the Lands and the remediation of the subject lands to City standards for laneway purposes and provides such funding to secure the aforementioned obligations in an amount satisfactory to the Director of Real Estate Services and the General Manager, Transportation Services, prior to publishing notices of Application for Approval to Expropriate Land.

7.  Subject to satisfaction of the conditions in Recommendation 6 above, City Council grant authority to the Director, Real Estate Services to serve and publish notices of Application for Approval to Expropriate Land, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position, and to report the Inquiry Officer's recommendations to City Council for its consideration.

The Toronto and East York Community Council held a statutory public meeting on April 4, 2017, and notice was given in accordance with the Planning Act.

This application proposes a 51-storey (162.5 metres plus a 7.5-metre mechanical penthouse) mixed-use building with 1,200 square metres of retail uses on the ground and second floors, and residential uses above at 826-834 Yonge Street and 2-8 Cumberland Street.  A total of 371 residential units, 104 vehicle parking spaces and 379 bicycle parking spaces are proposed. 

The proposed development is consistent with the policies of the Official Plan and guidelines that apply to Mixed Use Areas. The proposal provides residential and retail uses; alters and integrates existing heritage buildings into the development; and widens and (potentially) extends the public laneway that abuts the rear (west) of the site to connect Yorkville Street with Cumberland Street (the public portion of the laneway currently only abuts the northwest corner of the site). 

This report reviews and recommends approval of the application to amend the Zoning By-laws.