Item - 2017.TE27.16

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 Zoning By-law amendment application for 34-50 King Street East and 2 Toronto Street (file no. 16 159562 STE 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 the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District..

3. In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold its final Order approving the Zoning By-law Amendment until the owner enters into an Agreement under Section 37 of the Planning Act to secure services, facilities or matters pursuant to Section 37 of the Planning Act, 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 recommendations above.

The purpose of this report is to request direction from City Council on the application for the Zoning By-law amendment at 34-50 King Street East and 2 Toronto Street, which has been appealed to the Ontario Municipal Board (OMB).  The application proposes a 33-storey mixed-use building consisting of 219 residential dwelling units, 10,006 square metres of office space, 255 square metres of retail space and 78 vehicular parking spaces in a 5-level underground garage.  The Quebec Bank Building, a heritage designated building, is proposed to be conserved and integrated as part of the application.

The proposal's overall height and massing does not fit within its existing and planned context as required by the Official Plan.  The proposal's massing is also not consistent with the policy direction of the St. Lawrence Neighbourhood Heritage Conservation District Plan in conserving the area's heritage resources.

On May 19, 2017, the application was appealed to the Ontario Municipal Board by the applicant pursuant to Section 34(11) of the Planning Act due to the City's failure to make a decision within 120 days of the application deemed complete.  It is recommended that the City oppose the application in its current form at the OMB.  It is also recommended that staff continue discussions with the applicant to achieve revisions to the proposal that address the issues identified in this report.