Item - 2018.TE32.15
Tracking Status
- City Council adopted this item on May 22, 2018 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on May 2, 2018 and adopted without amendment. It will be considered by City Council on May 22, 2018.
TE32.15 - 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street - Zoning Amendment Application - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on May 22, 23 and 24, 2018, adopted the following:
1. City Council direct the City Solicitor and City staff, as appropriate, to attend the Local Planning Appeal Tribunal, and to oppose the Zoning By-law Amendment application for 193-195 McCaul Street in its present form for reasons set out in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District.
2. City Council authorize the City Solicitor and appropriate staff to continue negotiations with the applicant to address the issues outlined in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District, including appropriate heritage conservation, heights, massing, setbacks and amenity space for this site and appropriate public benefits to be secured pursuant to Section 37 of the Planning Act.
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 that the Ontario Municipal Board withhold the issuance of any Order on the Zoning By-law Amendment for the subject lands until such time as:
a. the final form of the Zoning By-law amendments are to the satisfaction of the Acting Director, Community Planning, Toronto East York District and the City Solicitor;
b. the owner addresses the outstanding items outlined in the memorandum from Engineering and Construction Services dated October 20, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Acting Director Community Planning, Toronto and East York District and the City Solicitor; and
d. the owner provides a cash payment into the Municipal Parking Fund in lieu of any parking space shortfall from the Zoning By-law requirement to the satisfaction of the General Manager, Transportation Services.
4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114346.pdf
Communications (Community Council)
TE32.15 - 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street - Zoning Amendment Application - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Trinity-Spadina
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council direct the City Solicitor and City staff, as appropriate, to attend the Local Planning Appeal Tribunal, and to oppose the Zoning By-law Amendment application for 193-195 McCaul Street in its present form for reasons set out in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District.
2. City Council authorize the City Solicitor and appropriate staff to continue negotiations with the applicant to address the issues outlined in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District, including appropriate heritage conservation, heights, massing, setbacks and amenity space for this site and appropriate public benefits to be secured pursuant to Section 37 of the Planning Act.
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 that the Ontario Municipal Board withhold the issuance of any Order on the Zoning By-law Amendment for the subject lands until such time as:
a. the final form of the Zoning By-law amendments are to the satisfaction of the Acting Director, Community Planning, Toronto East York District and the City Solicitor;
b. the owner addresses the outstanding items outlined in the memorandum from Engineering and Construction Services dated October 20, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
c. community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Acting Director Community Planning, Toronto and East York District and the City Solicitor.
d. the owner provides a cash payment into the Municipal Parking Fund in lieu of any parking space shortfall from the Zoning By-law requirement to the satisfaction of the General Manager, Transportation Services.
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.
Origin
Summary
This application proposes to amend the former City of Toronto Zoning By-law 438-86 and comprehensive Zoning By-law 569-2013 to permit the development of a 38-storey mixed-use building with 382 dwelling units, place of worship related community and office uses, a child care facility and retail space at grade. The proposal includes a public park on the northeast corner of Dundas Street West and McCaul Street. A total of 90 parking spaces and 383 bicycle parking spaces are also proposed.
On December 29, 2017, the applicant appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal ("LPAT") citing the Council's failure to make a decision within the time required by the Planning Act. A pre-hearing conference has been scheduled for July 12, 2018.
This report reviews and recommends that the City Solicitor together with City Planning staff and other appropriate staff be directed to oppose the application in its current form at the Ontario Municipal Board.
The proposed development is not supportable in its context, for reasons including that it does not have regard to relevant matters of provincial interest set out in the Planning Act, is not consistent with the Provincial Policy Statement, does not conform with the Growth Plan for the Greater Golden Horseshoe, does not conform with the Official Plan, does not meet the intent of certain Council-adopted guidelines and policy direction for the area, constitutes overdevelopment and is not good planning or in the public interest.
City Planning staff will continue to work with the applicant to address the issues identified in this report to achieve an acceptable form of development on the site. To this end the applicant has also expressed a willingness to explore revisions to the proposal in response to feedback from the City and the local community.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114346.pdf