Item - 2018.TE32.18
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.
TE32.18 - 504 Wellington Street West - 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 Hearing, and to oppose the Zoning By-law Amendment application for 504 Wellington Street West 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 height and massing for this site, compliance with the existing and emerging planning framework for the area 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 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 and East York District, and the City Solicitor;
b. the owner has addressed the outstanding items in relation to servicing outlined in the memorandum from Engineering and Construction Services dated April 25, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
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 Director, Community Planning, Toronto and East York District, and the City Solicitor.
4. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114306.pdf
TE32.18 - 504 Wellington Street West - 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 Hearing, and to oppose the Zoning By-law Amendment application for 504 Wellington Street West 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 height and massing for this site, compliance with the existing and emerging planning framework for the area 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 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 and East York District, and the City Solicitor;
b. the owner has addressed the outstanding items in relation to servicing outlined in the memorandum (April 25, 2017) from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
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 other City staff to take such necessary steps, as required, to implement the recommendations above.
Origin
Summary
This Zoning By-law Amendment application proposes a 15-storey building with retail and service commercial uses on the ground floor and office uses above at 504 Wellington Street West.
On October 31, 2017, the applicant appealed their Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) (formerly the Ontario Municipal Board) citing Council's failure to make a decision within the time allotted by the Planning Act. A pre-hearing conference is scheduled for August 8, 2018. Further hearing dates have not yet been scheduled.
The proposed development represents an overdevelopment of the site, both in terms of built form and density, and is an unacceptable form of development. 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 including the applicable Secondary Plan, does not meet the intent of certain Council-adopted guidelines and policy direction for the area, and is not good planning or in the public interest. Issues specifically raised by the proposal include:
- The proposal does not respond appropriately to the built form context of Wellington Street West and, unlike recent development, would set a negative precedent.
- The proposed built from of a tower at a height of 69 metres (including the mechanical penthouse) is not consistent with the mid-rise built form of the West Precinct of the King-Spadina Secondary Plan area.
- The proposed setbacks are not acceptable for a tower proposal.
- The proposal does not appropriately address a number of performance requirements set out in the general Zoning By-laws, such as parking and loading requirements.
The purpose of this report is to seek Council's direction for the City Solicitor and other appropriate City staff to attend an LPAT hearing in opposition to the applicant's current development proposal and appeal. Staff will continue to work with the applicant to achieve an acceptable built form for the site that is sensitive to its context and addresses the issues outlined in this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114306.pdf