Item - 2019.TE6.5

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 before the Local Planning Appeal Tribunal (LPAT) in support of a settlement of the 8 Elm Street appeals as amended by the inclusion of 348-356 Yonge Street

2. City Council authorize the City Solicitor and other City staff to take such actions, as are required, to give effect to City Council's decision.

3. City Council authorize the City Solicitor to request Local Planning Appeal Tribunal to Withhold its Order until the draft zoning by-laws have been prepared to the satisfaction of the Chief Planner and  Executive Director, City Planning.

4. City Council authorize the City Solicitor to request Local Planning Appeal Tribunal to Withhold its Order until the owner has to entered into an Agreement with the City pursuant to Section 37 of the Planning Act as follows:

a. The Section 37 Agreement has been executed and registered on title to the satisfaction of the City Solicitor.

b. $ 2,000,000 to the Affordable Housing Capital Revolving Fund for the provision of off-site affordable housing within Ward 11. The cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Council decision authorizing the Zoning By-law Amendment.

c. Design, construct, finish and furnish a minimum of 471 square metres of community arts and culture space on the third floor to be leased to the City at no cost for a period of 99 years with an approximate value of $5,000,000 and the provision that, if the actual value of that space is less than $5,000,000, any remaining funds be allocated towards the Affordable Housing Capital Revolving Fund as per Recommendation 4.a. and b. above. In the alternative, any changes to the location will be to the satisfaction to the Chief Planner and Executive Director, City Planning.

d. The owner be required to provide confirmation from the Hospital for Sick Children (Sick Kids), or its representative, that there is no intrusion into the helicopter flight path by any crane activities or building projections in accordance with By-law 1432-2017.

e. The owner be required to provide an updated Hydrological Review to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with Toronto Water.

f. The owner be required to complete a Toronto Transit Commission Technical Review, with respect to the subway, and obtain the Toronto Transit Commission's written acknowledgement that the developer has satisfied all of the conditions arising out of the review.

g. A restriction on the easterly 7.5 m of the property at 14 Elm Street has been secured, to the satisfaction of the City Solicitor, so as to achieve the 12.5 m tower setback.

h. The owner will secure full rights of access for the residents of the 356 Yonge Street portion of the development site to the amenity space at the 8 Elm Street/348 Yonge Street portion of the development site.

i. The owner be required to submit a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 8 Elm Street and 348-350 Yonge Street, prepared by GBCA Architects, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

j. The owner be required to enter into a Heritage Easement Agreement with the City for the properties at 8 Elm Street and 348-350 Yonge Street in accordance with plans and drawings prepared by IBI Group Architects, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., subject to and in accordance with the approved Conservation Plan Recommendation 4.b.6, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor prior to the zoning by-law amendment coming into full force and effect.

k. The owner be required to provide final specifications, including drawings, for the dismantling and reconstruction of the property at 352 - 354 Yonge Street, satisfactory to the Senior Manager, Heritage Preservation Services, prior to a demolition permit being issued for the development site.

l. The owner to provide a Letter of Credit in a form and amount satisfactory to the Senior Manager, Heritage Preservation Services to secure the approved dismantling and reconstruction of 352-354 Yonge Street, prior to a demolition permit being issued for the subject property.

m. Prior to the release of the Letter of Credit for 352-354 Yonge Street, the owner shall provide a certificate of completion prepared by a qualified heritage consultant confirming that the work has been completed in accordance with the approved drawings and specifications to the satisfaction of the Senior Manager, Heritage Preservation Services.

n. Prior to the issuance of a permit for excavation and shoring work, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter will implement the plan during the course of construction. The Construction Management Plan will include the size and location of construction staging areas, dates of significant concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, in consultation with the Ward Councillor.

o. The owner be required to implement wind mitigation measures as part of a subsequent Site Plan application to the satisfaction of the Chief Planner and Executive Director, City Planning.

The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning to work with the applicant to finalize the dimensions of the 67 storey tower and its separation distance to the north property line and to report directly to the June 18, 2019 meeting of City Council on any changes, if necessary.

At its meeting on May 22, 2019, the Toronto and East York Community Council also considered the report (May 17, 2019) from the Director, Community Planning, Toronto and East York District, which confirms the proposal does conform with the "A Place to Grow" Plan, 2019.

The Toronto and East York Community Council held a statutory public meeting on May 22, 2019 and notice was given in accordance with the Planning Act.

The purpose of this report is to request direction from City Council to endorse a settlement on a proposed zoning amendment application that is presently before the Local Planning Appeal Tribunal (LPAT).  A pre-hearing before the LPAT is scheduled for June 3, 2019. 

The original application proposed an 80 storey mixed use building on a smaller site, being 8 Elm.  That application was refused by City Council at the November 8, 2016 meeting and subsequently appealed to the LPAT.  A revised 84 storey proposal was subsequently submitted to the LPAT by the applicant.

Since that time, the applicant has worked with City staff to address various planning issues and have submitted a revised application following LPAT led mediation.  The revised proposal is for a 67-storey mixed-use office residential development with at-grade retail uses at 8 Elm Street and 348-356 Yonge Street. 

The revised proposal as described in the body of this report is consistent with the Provincial Policy Statement (2014) and conforms  with the Growth Plan for the Greater Golden Horseshoe (2017).

It is recommended that City Council endorse the revised proposal in accordance with the recommendations included within this Request for Directions Report.

On May 2, 2019, the Province of Ontario released A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ("A Place to Grow") which amends the Growth Plan for the Greater Golden Horseshoe (2017). 

The "A Place to Grow" Plan came  into effect on May 16, 2019 and all planning decisions are required to conform with it, on or after May 16, 2019. Planning staff have reviewed the proposed development with respect to the "A Place to Grow" Plan and can advise that for this proposal, the relevant policies of the "A Place to Grow" Plan carry on the direction of the Growth Plan for the Greater Golden Horseshoe (2017).

Staff have reviewed the changes and confirm the proposal does conform with the "A Place to Grow" Plan.