Item - 2016.TE19.13

The Toronto and East York Community Council recommends that:

1.  City Council refuse the application for Zoning By-law Amendment at 8 Elm Street for the reasons outlined in the report (September 16, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Municipal Board in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Ontario Municipal Board.

3.  City Council direct the City Solicitor to request the Ontario Municipal Board, in the event the application is appealed to the Ontario Municipal Board and the Ontario Municipal Board allows the appeal and permits additional height or density, or some variation, to:

a.  Secure the following community benefits with the final allocation determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor's office and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act:

A payment to the City in the amount up to $ 2.9 million based on applications height and density (indexed to reflect increases in the Construction Price Statistics between the date of the Ontario Municipal Board Order and the delivery of such payment), for capital improvements in the vicinity of the site for one or more of the following:

i.        streetscape improvements;

ii.       multi-purpose community space;

iii.      parkland improvements within the area;

iv.      affordable housing; and

v.       library;

provided that in the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

b.  As a legal convenience, secure the following in the Section 37 Agreement to support the development:

i.  The Owner be required to pay for and construct any improvements to the municipal infrastructure in connection with a Functional Servicing Report as accepted by the City's Executive Directorm Engineering and Construction Services should the Executive Director determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Executive Director, Engineering and Construction Services;

c.  Withhold its Order allowing the appeal in whole or in part allowing the Zoning By-law Amendment until:

i.   The Owner has entered into an Agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure appropriate public benefits and the Section 37 Agreement has been registered on title to the site to the satisfaction of the City Solicitor;

ii.  The Ontario Municipal Board has been provided with a proposed Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Zoning By-law Amendment is in a form satisfactory to the City; and

iii.  The Ontario Municipal Board has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director, Engineering and Construction Services.

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the above recommendations.

This application proposes to redevelop the site at 8 Elm Street with an 80-storey mixed use tower.  The project is proposed to contain 469 dwelling units and 715 m2 of office space for a total gross floor area of 29,965 m2; this equates to a Floor Space Index of 45.6 times the area of the lot.  The proposed building would have a height of 259.5 metres including the mechanical penthouse.  The proposal also includes one level of underground parking which would be used for bicycles.

This report reviews and recommends refusal of the application to amend the Zoning By-law as the proposed development site is too small to accommodate the proposed development.  The proposed development is not consistent with the PPS; does not conform to the Official Plan and is inconsistent with Council approved guidelines.  In particular:

-  tower massing and resulting transitioning do not fit within the existing or planned context;

-  the tower does not maintain adequate setbacks;

-  tower height is excessive with resultant shadowing;

-  development does not adequately protect the existing on-site heritage building or adjacent heritage buildings;

-  development lacks sufficient outdoor amenity space;

-  development lacks an appropriate number of family sized units;

-  no parking is provided; and

-   Functional Servicing Report does not adequately address Engineering issues and concerns.