Item - 2016.TE17.20

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 31R Parliament Street, 370 and 370R Cherry Street (file no. 14 174007 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 which 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 31R Parliament Street, 370 and 370R Cherry Street.

The application proposes a 57-storey mixed-use tower with a 5-storey base building and a 1-storey addition to the previously approved 4-storey commercial building referred to as the "Ribbon Building".  The proposal consists of: 496 residential dwelling units proposed within the tower; 26,291 square metres of non-residential space within the base building and the Ribbon Building; 661 vehicular parking spaces within a 4-level underground garage; and 520 bicycle parking spaces.

The 57-storey tower proposal represents over-development and does not fit within the existing built form and heritage context of the Distillery District – a national historic site of Canada.  As per the direction of Community Council, a built form study has been undertaken by City staff, in consultation with the applicant, to examine an appropriate build-out for the subject site and the surrounding area, to better inform the review of this application and another application in the Distillery District at 60 Mill Street.  The result of the built form study concludes that the area where the subject site is situated can potentially accommodate a tall building.

On November 10, 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.