Item - 2016.TE17.19

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 60 Mill Street (file no. 11 219591 STE 28 OZ) and to attend any Ontario Municipal Board hearings in opposition to such appeal and to 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 that addresses the issues set out in the report (May 20, 2016) from the Director, Community Planning, Toronto and East York District.

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 and Executive Director, City Planning, 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 Official Plan and Zoning By-law amendment at 60 Mill Street.

The application proposes to adaptively re-use the heritage designated 'Rack House D' building, part of the ensemble of heritage buildings that comprises the Gooderham & Worts Special Identity Area (the Distillery District), into a hotel.  An addition of 29 storeys for hotel and residential uses on top of Rack House D is also proposed resulting in a 34-storey building.  The proposal consists of: 88 hotel suites; 246 residential dwelling units; 467 square metres of restaurant space; and 205 bicycle parking spaces.

The height, massing and density proposed by this proposal are a significant departure from the existing planning framework for the area, where no additions above the heritage building were contemplated.  Included in the planning framework is a Heritage Easement Agreement registered on title on the property that provides parameters for the adaptive re-use, but not for additions to the heritage building.
 
A built form study was initiated by City Planning staff, in consultation with the applicant, to analyse the potential build-out of the Distillery District and its surrounding areas, taking into consideration another development application at the southern portion of the Distillery District for a 57-storey residential tower.  The result of the built form study reconfirmed City Planning's original assessment that the building represents over-development and will negatively impact the heritage character of the Distillery District.  The proposal cannot be supported in its current form.

On November 12, 2015, the 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 the prescribed timeframe.  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.