Item - 2018.TE32.17

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 the lands at 150-158 Pearl Street and 15 Duncan Street in its present form for the reasons set out in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize City Planning staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District, including:

a. conserving the heritage property at 150-158 Pearl Street and 15 Duncan Street consistent with the Official Plan and King-Spadina Heritage Conservation District Plan;

 
b. reducing the proposed height and massing, and increasing building stepbacks to avoid overdevelopment of the site and to limit the negative impacts on adjacent properties;
 

c. addressing issues relating to transportation and servicing, including configuration of the parking and loading areas;
 

d. improving compliance with Council's approved planning framework for the area including the King-Spadina Urban Design Guidelines (2006), and the Tall Buildings Design Guidelines; and
 

e. improving compliance with emerging policies reflected in the King Spadina Secondary Plan review.

3. City Council City authorize the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order until:

 
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 has entered into a Heritage Easement Agreement with the City for the property at 150-158 Pearl Street and 15 Duncan Street to the satisfaction of the Senior Manager, Heritage Preservation Services including execution and registration of such agreement to the satisfaction of the City Solicitor;
 

c. the owner has provided a Conservation Plan prepared by a qualified heritage consultant for the property at 150-158 Pearl Street and 15 Duncan Street to the satisfaction of the Senior Manager, Heritage Preservation Services;
 

d. the owner has addressed the outstanding items relating to servicing outlined in the memorandum from Engineering and Construction Services dated March 20, 2018; and
 

e. 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.
 

5. City Council authorize the City Solicitor and other City staff to take such necessary steps as required to implement the recommendations above.

This application proposes to develop a 59-storey mixed use building incorporating existing heritage buildings with 2,338 square metres of commercial space and 511 residential units with 132 underground parking spaces at 150-158 Pearl Street and 15 Duncan Street.

The applicant has appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision within the time required by the Planning Act.  Pre-hearing conferences were held on October 31, 2017 and February 8, 2018. A third pre-hearing conference has been scheduled for June 11, 2018 and a hearing has been scheduled for the seven days beginning November 20, 2018.

The proposed development as currently configured is not supportable as it represents an overdevelopment of the site in terms of built form and density, and fails to conserve the heritage aspects of the existing listed heritage building. The proposal does not conform with Official Plan heritage and built form policies nor does it satisfactorily respond to the applicable built form urban design guidelines. Issues specifically raised by the proposal include:

- The proposed building height at 59 storeys (188 metres) is not in keeping with the existing and planned context for the King-Spadina East Precinct, including the planned transition down in heights from University Avenue to Spadina Avenue;

 
- The proposed built form is not consistent with the King Spadina Secondary Plan and the applicable built form guidelines, which require buildings to achieve a compatible relationship with the surrounding context through consideration of such matters as height, massing, scale, separation distances, architectural character and expression;

 
- The proposed mix of land uses represents a decrease in the amount of floor space for non-residential and office uses which is inconsistent with the policies of the King Spadina Secondary Plan and of Official Plan Amendment 231 requiring the retention and expansion of floor space for office uses where residential development is proposed; and

 
- The heritage properties on the site are not being conserved consistent with the heritage policies in the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, Official Plan and the King Spadina Heritage Conservation District Plan.

This report seeks City Council's direction for the City Solicitor and other appropriate City staff to attend a Local Planning Appeal Tribunal hearing in opposition to the applicant's current development proposal and appeal.  The report further identifies City staff concerns with the proposal and seeks Council authorization for staff to continue discussions on revisions to the proposal to resolve these concerns as the basis for a settlement.