Request for Directions - Official Plan and Zoning By-law Amendment Applications - 5294-5304 and 5306 Yonge Street

On May 31, 2019, the applicant submitted a revised proposal in the form of a "With Prejudice", or public, settlement offer which is the subject of this report. The revised thirty-three storey proposal would have a height of 101.26 metres (excluding the mechanical penthouse) and a gross floor area of 22,188 square metres. The gross floor area would result in a Floor Space Index (a "FSI") of 8.75 times the area of the lot. A total of 109 vehicular parking spaces are proposed underground. An on-site parkland dedication is now proposed in this revised proposal. The changes made by the applicant are discussed in this report, however, despite the modifications, the proposal is still not supportable for the reasons outlined in this report. This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the LPAT hearing in opposition to the amended Official Plan and zoning by-law amendment applications. In the opinion of Planning staff, the proposal does not conform with the Growth Plan, is not consistent with the PPS, does not conform to the Official Plan or the North York Centre Secondary Plan, does not constitute good planning and is not in the public interest.

the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law amendments are in a form satisfactory to the City; b. the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure the Section 37 matters; c. the City Solicitor confirms that the owner has provided a Functional Servicing and Stormwater Management Report and a Geohydrology Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; d. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and e. the City Solicitor confirms that the implementation of the Functional Servicing and Stormwater Management Report and Geohydrology Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 3. Should the Local Planning Appeal Tribunal approve the application, City Council direct the City Solicitor to advise the Tribunal that the Zoning By-laws should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor. 4. Should the Local Planning Appeal Tribunal approve the application, Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry & Recreation (PF&R). The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PF&R, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant, in consultation with the Local Councillor, to address the issues outlined in the report (June 24, 2019) from the Director, Community Planning, North York District, and to report back to City Council on the outcome, including proposed Section 37 contributions relating to any revised proposal, as appropriate.