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Toronto City Council · 2022-12-14 · 2023.CC2.12

The filed record

409-415 Yonge Street, 9 and 17 McGill Street - Official Plan Amendment and Zoning By-law Amendment Application - Request for Directions

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The decision

2022-12-14 · Toronto City Council · adopted

As filed

City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The purpose of this report is to request further instructions for an Ontario Land Tribunal (the "OLT"). In 2019, the applicant appealed its zoning by-law amendment application for 409-415 Yonge Street and 9 and 17 McGill Street (the "Site") to the OLT due to Council's refusal of the application within the time prescribed by the Planning Act (the "ZBA Appeal"). In 2022, the applicant appealed its request to amend the City's Official Plan for the Site to the OLT due to Council's failure to make a decision on that application within the time prescribed by the Planning Act (the "OPA Appeal").

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The applicant revised and resubmitted the appealed applications on or around December 29, 2021 (the "Revised Proposal"). The Revised Proposal requires an amendment to the City's Official Plan, including the Downtown Plan, and the former City of Toronto Zoning By-law 438-86 and Toronto Zoning by-law 569-2013. The original proposal required permissions for a 42-storey residential addition above an existing 19-storey office building resulting in an overall building height of 61 storeys (233 metres) and a floor space index (FSI) of 24.3 times the area of the lot. The proposed addition would include 450 residential dwelling units totalling 36,128 square metres in area and also proposes; 900 square metres of indoor amenity area and no outdoor amenity space; 74 parking spaces located below grade within the three levels of the existing parking garage; and 577 bicycle parking spaces. As a whole, the proposed building would comprise a total of 53,064 square metres, of which 16,936 square metres is existing non-residential gross floor area. The Revised Proposal removes the existing office building and proposes a new 69-storey mixed use tall building on the Site. Primarily non-residential uses are proposed for the first storey within the base building (save for a residential lobby) within the base building, and office uses are proposed for the second through sixth storeys of the base building. Residential uses and related amenity space are proposed for the rest of the building. A statistical comparison between the original proposal and the Revised Proposal can be found below. The Revised Proposal requires an amendment to the City's Official Plan to re-designate the McGill Parkette (which forms a part of the Site and is currently leased to the City as parkland) from Parks to Mixed Use Areas, to re-designate said lands from Parks as Mixed Use Areas 2 - Intermediate as shown on the Downtown Plan Maps 41-3 and 41-3C, and to establish a Site and Area Specific Policy in Chapter 7 of the Official Plan to permit the proposed 69-storey building on the lands.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (December 7, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to this report from the City Solicitor at the discretion of the City Solicitor, if adopted by City Council. 3. City Council direct that

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all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

    On the record

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