1196-1204 Yonge Street and 1206-1210 Yonge Street - and 2-8 Birch Avenue Zoning By-law Amendment and Rental Housing Demolition Applications Request for Directions

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The decision

2024-04-17 · Toronto City Council · adopted

As filed

City Council on April 17 and 18, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (April 3, 2024) 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 (April 3, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. May 9, 2024 The confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council accept the without prejudice offer to settle dated February 13, 2024 set out in Confidential Appendix A to the report (April 3, 2024) from the City Solicitor and the Architectural Plans set out in Confidential Appendix B to the report (April 3, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. In the event that the Ontario Land 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 and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment; c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning by-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and d. City Council has dealt with the Rental Housing Demolition Application 21 239181 STE 12 RH under Chapter 667 of the Toronto Municipal Code to demolish 8 existing residential rental dwelling units at 1196-1210 Yonge Street and 2-8 Birch Avenue. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (April 3, 2024) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

This report addresses the owner's applications under Section 34 of the Planning Act and Section 111 of the City of Toronto Act, 2006, to demolish 8 rental dwelling units and allow for the construction of a tower. Located on the west side of Yonge Street, directly north of Birch Avenue within the Summerhill neighbourhood, and adjacent to the Deer Park, Ramsden Park and South Rosedale neighbourhoods, the properties at 1196-1204 Yonge Street comprise a main street commercial block building.

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The adjacent three properties at 1206-1210 Yonge Street to the north contain 2-storey main street commercial row buildings. In November 2021, the City received a Zoning By-Law Amendment application for redevelopment of the site for a 15-storey mixed-use building, having a non-residential gross floor area of 200.80 square metres, and a residential gross floor area of 10,225.60 square metres with 59 residential units. In April 2022, a Site Plan Control Application was submitted revising the proposal to a 14-storey mixed-use building with 67 residential units. On November 7, 2022, the applicant appealed to the Ontario Land Tribunal, as a result of City Council not making a decision with respect to the Zoning By-law and Site Plan Control applications within the timeframe legislated by the Planning Act. On August 25, 2022, ERA Architects Inc., on behalf of the applicant, filed two (2) Heritage Permit Applications for demolition under Section 34(1)2 of the Ontario Heritage Act with respect to 1196-1204 Yonge Street and 1206-1210 Yonge Street. On February 13, 2024, the owner submitted new applications under sections 33, 34(1)1 and 34(1)2 of the Ontario Heritage Act. The new construction will incorporate the existing heritage buildings at 1206-1210 Yonge Street as part of the podium of the new building and demolish and reconstruct the existing heritage buildings at 1196-1204 Yonge as part of the podium of the new building. These applications were the subject of a report to the Toronto Preservation Board at its meeting on March 28, 2024, described in the Decision History of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

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3. City Council direct that 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 is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

On the record

The item as the City filed it

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