Item - 2018.TE32.21

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff to attend the Local Planning Appeal Tribunal hearing to oppose the appeal of both of the Zoning By-law Amendment applications for 309 Cherry Street as discussed in the report (April 23, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the services, facilities and matters pursuant to Section 37 of the Planning Act to be secured in the event the Local Planning Appeal Tribunal approves the Zoning By-law amendment application as proposed in whole or in part.

3. City Council direct City Planning staff, in the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, to request that the Local Planning Appeal Tribunal withhold its Order(s) approving the applications until such time as the Tribunal has been advised by the City Solicitor that:

a. the applicant has received final approval of any Official Plan Amendment application(s) required for the approved development;

b. the Toronto and Region Conservation Authority and Chief Planner and Executive Director, City Planning have provided, in writing, the necessary conditions to ensure the potential risk to human health and safety and damage to property and to reduce any potential liability of public authorities where a landowner elects to proceed with the development prior to the completion of necessary flood protection infrastructure;

c. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

d. a Section 37 Agreement has been executed and registered to secure the Section 37 contribution and related matters satisfactory to the Chief Planner and Executive Director, City Planning.

This report reviews a Phase 1 (12 131809 STE 30 OZ) and Phase 2 (16 271912 STE 30 OZ) development proposal, as a combined, inappropriate development proposed for the subject site.

In March 2012, Aird & Berlis LLP submitted a rezoning application for the northern half (Phase 1) of the site on behalf of the landowners (two Ontario numbered companies, 2034055 Ontario Limited and 1337194 Ontario Inc.). This application is considered Phase 1 of a proposed two-phase development on the subject site.

In December 2016, Castelpoint Numa submitted a rezoning application for the southern half of the site (Phase 2) on behalf of the landowners (the same two Ontario numbered companies noted above). This application is considered Phase 2 of a proposed two-phase development on the subject site.

The Phase 1 application proposes to develop the northern half of the subject site with a mixed-use development comprising of an eight-storey office/retail base building, a 26-storey residential tower and two partially retained heritage buildings. The Phase 2 application proposes to develop the southern half of the subject site with an 11-storey building along Cherry Street and a 52-storey building atop a podium base ranging in height from 4 to 12-storeys along Commissioners Street and the proposed future Foundry Street.

The combined Phase 1 and Phase 2 proposals do not conform to the Council-adopted direction for the Port Lands and Villiers Island, as outlined through the Port Lands Planning Framework and the Villiers Island Precinct Plan, respectively.

On October 31, 2014, the applicant appealed their Phase 1 proposal to the Ontario Municipal Board ("OMB" or "Board") (now known as the Local Planning Appeal Tribunal – "LPAT" or "Tribunal") on the grounds that Council has failed to make a decision within the prescribed timelines in the Planning Act. A Request for Directions Report was adopted by City Council on March 31, 2015 pertaining to this application. Further information on that decision is found within this report. This report updates City Planning's position on the Phase 1 application.

On June 1, 2017, the applicant appealed their Phase 2 proposal to the OMB on the grounds that Council has failed to make a decision on the application within the prescribed timelines in the Planning Act. A pre-hearing conference related to both the Phase 1 and Phase 2 matters is scheduled for June 15, 2018.

This report reviews both the Phase 1 and Phase 2 applications to amend the Zoning By-law. Staff recommend that Council authorize the City Solicitor, City Planning staff and other appropriate City staff attend the LPAT hearing to oppose the applications in their entirety.