Item - 2021.TE25.6

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and the appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 1913-1951 Yonge Street, 17-21 Millwood Road and 22 Davisville Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;

c. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

f. the owner has submitted and received approval from City Council regarding a Rental Housing Demolition Application for the proposed demolition;

g. the owner agrees to satisfy their required parkland dedication by conveying to the City an appropriate off-site parkland dedication, which shall be transferred to the City prior to the issuance of the first above grade building permit, and such agreement shall be secured in a registered Section 37 Agreement, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

h. the owner has submitted an updated Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

i. the significant heritage resources noted in the Revised Heritage Impact Assessment required by Recommendation 2.h. above are designated under Part IV, Section 29 of the Ontario Heritage Act;

j. the owner enters into a Heritage Easement Agreement with the City for the significant Heritage resources noted in the Revised Heritage Impact Assessment required by Recommendation 2.h. above substantially in accordance with the above noted Revised Heritage Impact Assessment all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including execution and registration of such agreement to the satisfaction of the City Solicitor;

k. the owner provides a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Recommendation 2.h. above all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

l. the owner has submitted 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, in consultation with the local community, and afterward shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: appropriate measures to address the safety of students and staff at Davisville Public School; noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

4. City Council recommend the Chief Planner and Executive Director, City Planning consider the findings of the Davisville Workshop in evaluating the proposal development for the subject property, including any revisions to the proposal.

On September 8, 2020, a Zoning By-law Amendment application was submitted to permit two residential towers at 30 and 45-storeys on a shared 8-storey base building with ground floor retail at 1913-1951 Yonge Street, 17-21 Millwood Road and 22 Davisville Avenue. The properties at 1913, 1917, 1919, 1919A, 1921 and 1923 Yonge Street are listed on the Toronto Heritage Register and are proposed to be demolished.

On December 16, 2020, the Applicant appealed the application to the Local Planning Appeal Tribunal ("LPAT"), due to Council not making a decision within the 90-day time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the LPAT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.