Item - 2018.TE32.16

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 Hearing, 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 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 Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council directs the City Solicitor to request that the Local Planning Appeal Tribunal 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 (September 25, 2017) from Engineering and Construction Services, 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.

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 amend the former City of Toronto Zoning By-law 438-86 to permit the development of a 19-storey mixed-use building with 266 dwelling units and retail/service commercial space at-grade. The proposal includes 81 parking spaces and 267 bicycle parking spaces.

On December 4, 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 not yet been scheduled.

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 LPAT. 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.

The applicant has expressed willingness to work with the City to address the issues raised through the application review process and summarized in this report, including appropriate heights, massing, setbacks and amenity space for this site, in order to achieve an acceptable form of development.