Item - 2021.TE26.4

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 33-49 Avenue Road and 136-148 Yorkville Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 4, 2021) report from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 33-49 Avenue Road and 136-148 Yorkville Avenue in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a financial contribution in the amount of $1,747,550.00 payable to the City prior to issuance of the first above-grade building permit, with such amount indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for the following:

i. $897,550.00 directed towards new and/or capital improvements to affordable housing;

ii. $850,000.00 directed towards streetscape or local area park improvements, and/or capital improvements for new or existing community facilities.

b. in the event the cash contribution referred to in Recommendation 3.a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment 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 ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community;

c. The following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. A privately-owned publicly-accessible open space (POPS) of not less than 143 square metres fronting onto Yorkville Avenue;

ii. A 3.5 metre wide publicly-accessible pedestrian walkway on the west side of the POPS connecting to Avenue Road;

iii. A 5.5 metre wide publicly-accessible pedestrian walkway on the east side of the POPS connecting north to the Yorkville Village shopping centre;

iv. The owner shall 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.

v. Prior to the issuance of a demolition permit for the designated heritage property at 33 Avenue Road:

a. the owner shall provide a comprehensive Interpretation Plan that addresses the significant themes and values contained in the City's designation By-law for the subject property, including but not limited to arranging for a heritage plaque on the subject property within the public view through the Heritage Toronto Plaques and Markers Program that commemorates the lost heritage resource and the commemoration of the 1968 York Square development by Diamond and Myers, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

b. the related site specific Zoning By-law Amendment giving rise to the proposed demolition have been enacted by the City Council and have come into full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning, Urban Design, City Planning;

c. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Interpretation Plan required in Recommendation1.a.i. above; and

d. provide full documentation of the designated heritage property including comprehensive photo-documentation and measured drawings keyed to an existing site plan and elevations, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

e. prior to the release of the Letter of Credit required in Recommendation 3.c.v.c. above, the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required interpretive work has been completed in accordance with the approved Interpretation Plan to the satisfaction of the Senior Manager, Heritage Planning.

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

a. Submit the following materials to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            i. Functional Servicing and Stormwater Management Report;

            ii. Hydrological Report;

            iii. Servicing Report Groundwater Summary Form; and

            iv. Hydrological Review Summary Form.

b. Submit a Tree Planting Plan, including in particular the provision of street trees within the City right-of-way, and a Public Utilities Plan, to the satisfaction of the Supervisor of Urban Forestry, Tree Protection and Plan Review.

The Toronto and East York Community Council held a statutory public meeting on June 24, 2021 and notice was given in accordance with the Planning Act.

On June 12, 2018 the Ontario Lands Tribunal (OLT, formerly the LPAT) approved a 29-storey mixed-use building which included the conservation and rehabilitation of the heritage buildings at 33 Avenue Road.

On March 16, 2020, a new Zoning By-law Amendment application was submitted with an expanded site to include 136 Yorkville Avenue, and proposed the demolition of all heritage buildings on the site and alterations to the height, setbacks, and massing of the previous LPAT approved proposal.

On November 25, 2020, City Council approved the request to demolish the designated heritage property at 33 Avenue Road, subject to conditions. Prior to the issuance of a demolition permit the related site specific Zoning By-law Amendment giving rise to the proposed demolition must be enacted by City Council and come into full force and effect.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 29-storey (125.1 metres, including 7.6 metres mechanical penthouse) mixed-use building.