Item - 2018.TE30.9

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Zoning By-law Amendment at 10-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street for the reasons contained in the report (February 6, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor together with City Planning staff and other 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. In the event that 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 the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as:

a. The owner has provided draft by-laws to the Ontario Municipal Board in a form and with content satisfactory to the Acting Director, Community Planning, Toronto and East York District and the City Solicitor;

b. The owner and the City has secured appropriate community benefits in consultation with the Ward Councillor together with any matters to be secured as a matter of convenience with the final allocation and distribution determined by the Acting Chief Planner and Executive Director, City Planning, and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act;

c. The owner has entered into Heritage Easement Agreements with the City for the properties at 10, 12, 14 and 16 Wellesley Street West, 5 St. Nicholas Street, and 586 Yonge Street (including 586A Yonge Street and 7 St. Nicholas Street) to the satisfaction of the Senior Manager, Heritage Preservation Services including execution and registration of such agreements to the satisfaction of the City Solicitor; and

d. The owner has provided a Conservation Plan prepared by a qualified heritage consultant for the properties at 10, 12, 14 and 16 Wellesley Street West, 5 St. Nicholas Street, and 586 Yonge Street (including 586A Yonge Street and 7 St. Nicholas Street) to the satisfaction of the Senior Manager, Heritage Preservation Services.

This application proposes to amend the Zoning By-law to permit a 64-storey (199.7 metres, including mechanical penthouse) mixed-use building at 10-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street, consisting of a 4-storey (18.0 metre) podium element and a 60-storey tower element.  The proposal includes 466 residential units and 153 square metres of retail uses at grade.  A total of 47 parking spaces are proposed in a 3-level underground parking garage accessed from St. Nicholas Street.  The proposed development would retain the listed heritage building at 586 Yonge Street and retain the façades of the listed heritage buildings at 10-16 Wellesley Street West.  The buildings at 5 and 7 St. Nicholas Street would be demolished.

This report reviews and recommends refusal of the application to amend the Zoning By-law.

This application is not appropriate for the site. The site is not large enough to accommodate a tall building with appropriate setbacks, stepbacks, and separation distances to surrounding properties.  The proposed development does not adequately conserve the cultural heritage value of the site and the Historic Yonge Street Heritage Conservation District.  It does not conform to the Official Plan, including OPA 352 for tall buildings in the Downtown and OPA 183 for the North Downtown Yonge Area; is inconsistent with Council-approved guidelines and the Historic Yonge Street Heritage Conservation District policies; and does not fit within the existing and planned context for the area.