Item - 2018.TE32.22

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 286-294 Main 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. 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 but not limited to appropriate heights, massing, setbacks, transition, sidewalk widths 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 (March 26, 2018) 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 any other City staff to take such actions as necessary to give effect to the recommendations above.

The applicant proposes to construct a 30-storey (93.3 metres plus a 5 metre mechanical penthouse) mixed-use building which would contain 301 residential units at 286-294 Main Street.  A total of 114 vehicular parking spaces are proposed in a 3-level below grade parking garage and 377 bicycle parking spaces would be located on the first floor and mezzanine level.  The proposed gross floor area is 22,444.8 square metres (20,908 square metres of residential; 110.3 square metres of retail; and 1,426.5 square metres of office).  The density of the proposed development is 12.57 times the area of the lot.

The owner of the site at 286-294 Main Street appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal citing Council's failure to make a decision within the time required by the Planning Act. A hearing has not yet been scheduled. A prehearing conference has been scheduled for June 12, 2018.

The proposal is not supportable in its current form.  The application is not consistent with the Provincial Policy Statement and does not conform to the Growth Plan for the Greater Golden Horseshoe, and does not meet Official Plan policy, the vehicle used to implement provincial policy. Specifically, the building does not meet Official Plan policy in terms of height and density as well as compatibility and transition with the low-rise neighbourhood immediately to the west of the site. Further issues include a substandard sidewalk width for a tall building, a lack of three-bedroom units, inappropriate shadow impacts to Neighbourhood properties to the north, among others.

The purpose of this report is to seek City Council's direction for the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing in opposition to the applicant's development proposal and appeal. Staff also are seeking direction to continue discussions with the applicant in order to come to an agreement.