Item - 2015.TE12.10

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff, to oppose the applicant's appeal respecting the Zoning By-law amendment application for 53, 61, and 65 Ontario Street and 102 Berkeley Street (File No. 15 113777 STE 28 OZ), and attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

2.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in this report.

3.  City Council authorize the Director, Community Planning, Toronto and East York District, in consultation with the local Councillor, to secure services, facilities, and matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

The purpose of this report is to request direction from City Council on the pending Ontario Municipal Board (OMB) hearing on the application for a Zoning By-law amendment at 53, 61 and 65 Ontario Street, and 102 Berkeley Street.

The application proposes a 25-storey mixed-use building consisting of an 8-storey base building and a 17-storey tower.  The proposal consists of: 17,991 square metres of residential gross floor area resulting in 277 dwelling units; 620 square metres of retail commercial space; 176 vehicular parking spaces; and 282 bicycle parking spaces.

The proposal's massing does not fit within its existing and planned context as required by the Official Plan, the King-Parliament Secondary Plan, and negatively impacts the heritage property to the west.  The proposal also does not conform to amenity space and loading space requirements. City Planning is not in support of this proposal in its current form.

On July 29, 2015, the rezoning application was appealed to the OMB by the applicant pursuant to Section 34(11) of the Planning Act due to the City not making a decision within 120 days of deeming the application complete.  It is recommended that the City oppose the appeal at the OMB.  It is also recommended that staff continue discussions with the applicant to revise the proposal to address the issues identified in this report.