Item - 2017.TE26.30

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 307 Sherbourne Street and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (August 9, 2017) from the Director, Community Planning, Toronto and East District.

2. City Council authorize City staff to continue discussions with the applicant in order to come to an agreement on an appropriate built form that, among other things, ensures the tower does not shadow Allan Gardens, during the key hours of 10:00 - 6:00 p.m. March/September 21, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

a. Secure the following in any amending by-laws and in a Section 37 Agreement to support the development:

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

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

i. The Ontario Municipal Board has been provided with the final form of the proposed Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Zoning By-law Amendments are in a form satisfactory to the parties;

ii. The Ontario Municipal Board has been advised by the City Solicitor that a revised Functional Servicing and Stormwater Management Report have been completed and submitted to the City and accepted, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

iii. The Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into a financially secured agreement with the City securing that the Owner will pay for, construct, provide and make operational any improvements to the municipal infrastructure in connection with a Functional Servicing and Stormwater Management Report as accepted by the City's Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer determine that improvements to such infrastructure are required to support the development; and

iv. The Ontario Municipal Board has been advised by the City Solicitor that the Owner has entered into and satisfactorily registered a Section 37 Agreement with the City for the purpose of securing the matters in Recommendation 3.b.iii. above.

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

This application proposes to redevelop the site at 307 Sherbourne Street with a 14-storey residential building containing 93 dwelling units, 41 vehicular parking spaces and 94 bicycle parking spaces.  The proposed building height is 46.8 metres including mechanical equipment.  The development will have a total of 7,192.2 m2 of gross floor area.

The owner of the site at 307 Sherbourne Street has appealed its Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time required by the Planning Act.  A pre-hearing conference has been scheduled for September 13, 2017.  A full hearing has not yet been scheduled.

The proposal is not supportable in its current form.  The height of the proposed 14-storey tower is not appropriate as it shadows Allan Gardens and does not provide an appropriate height transition to the adjacent  Neighbourhoods to the south.  As such, the application is not consistent with the PPS, does not conform with the Official Plan or the emerging official plan policy set out in  Official Plan Amendment 82 and does not satisfactorily respond to the relevant urban design guidelines.

The purpose of this report is to seek City Council's direction for the City Solicitor and appropriate City Staff to attend the Ontario Municipal Board hearing in opposition to the applicant's development proposal and appeal.