2323-2329 Yonge Street - Zoning By-law Amendment Application - Final Report

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council amend Zoning By-law 569-2013 for the lands at 2323-2329 Yonge Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

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3. City Council authorize the City Solicitor to submit the necessary Bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager, Transportation Services; b. the financial contribution pursuant to Part 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the Zoning By-law Amendment(s) to the date of payment; and c. in the event the cash contribution referred to in Part 5.a. above has not been used for the intended purpose within three (3) years of the amending Zoning By-law coming 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. 6. City Council direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: a. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and b. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted the following materials 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. Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form.

On the agenda

As the city filed it

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 34-storey mixed use building at 2323-2329 Yonge Street. The building is proposed to contain 352 dwelling units and 6,651 square metres of non-residential space on levels 1-5, including 855 square metres of retail space at grade, and 5,796 square metres of office space on levels 2-5 which will replace and exceed the existing 5,295 square metres of existing office space on the site.

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An 11.0-metre building setback at-grade along Roehampton Avenue will provide an enhanced public realm and pedestrian animation zone. Two levels of underground parking are proposed with 60 vehicle parking spaces for residents and visitors and a total of 391 bicycle parking spaces.

Staff recommended

The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 2323-2329 Yonge Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) 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.

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3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b) the amount will be indexed upwardly in accordance with the 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 which will be no later than issuance of first above grade building permits; and c) in the event the cash contribution referred to in Recommendations 5.a) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming 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. 6. City Council direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: a) The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; b) Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted the following materials 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. Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form.

Considered

2022-06-29 · Toronto and East York Community Council · amended
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 2323-2329 Yonge Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) 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.
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3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b. the financial contribution pursuant to Recommendation 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and c. in the event the cash contribution referred to in Recommendations 5.a. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming 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. 6. City Council direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: a. The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted the following materials 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. Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form.
Clerk’s note
The Toronto and East York Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.
2022-07-19 · Toronto City Council · adopted

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