Item - 2018.TE33.16

The Toronto and East York Community Council recommends that:

1. In accordance with the delegated approval under By-law No. 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning will not approve the Draft Plan of Subdivision Application No. 16 271924 STE 28 SB.

 
2. City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that City Council opposes the proposed Plan of Subdivision Application No. 16 271924 STE 28 SB at 324 Cherry Street and Lake Shore Boulevard East as a premature application.

 
3. In accordance with the delegated approval under By-law No. 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Local Planning Appeal Tribunal hearings to oppose the appeal of the draft plan of subdivision application for 324 Cherry Street and 429 Lake Shore Boulevard East as discussed in the report (May 28, 2018) from the Acting Director, Community Planning, Toronto and East York District.

 
4. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council be advised that the Chief Planner and Executive Director, City Planning intends to authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Draft Plan of Subdivision until:

 
a. The Draft Plan of Subdivision is amended to reflect functional plans or cross-sections to confirm the design details of new roads and resulting planned road network modifications surrounding the site, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Planner and Executive Director, City Planning;

b. The owner submits, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, updated Grading Plan, Functional Servicing, Hydrogeological and Stormwater Management Reports;

 
c. The owner makes satisfactory arrangements, including entering into a financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to this infrastructure to support this development, according to the Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
d. The owner submits, to the satisfaction of the General Manager, Transportation Services, a Transportation and Traffic Impact Study and makes satisfactory arrangements for improvements as required, based upon the revised transportation network that results from the detailed design of a 40-metre wide Cherry Street and the Cherry Street Bridge; and

 
e. Draft Plan of Subdivision Conditions be submitted to address the technical requirements of the development including, among other matters, street and block location and dimensions; the construction of streets; servicing; flood protections; existing City of Toronto easements; and grading to the satisfaction of the Chief Planner and Executive Director, City Planning.

 
5. 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 report reviews the draft plan of subdivision application (16 271924 STE 28 SB) for the subject site located at 324 Cherry Street and 429 Lake Shore Boulevard East. The draft plan of subdivision application was submitted in anticipation of the Official Plan Modification and Zoning Bylaw Amendment approved by the Local Planning Appeal Tribunal (LPAT) on December 22, 2017.

The draft plan of subdivision application was received on December 30, 2016 for 324 Cherry Street and 429 Lake Shore Boulevard East and proposes to subdivide the 5.76 hectare site into seven blocks. This application establishes the primary street network, including two new public north-south streets, two new public east-west streets, five development blocks, and two park blocks that collectively provide approximately 0.35 hectares of waterfront promenade parkland.

On November 27, 2017, the applicant appealed their subdivision application to the Local Planning Appeal Tribunal (LPAT) on the grounds that the approval authority has failed to make a decision on the application within the prescribed timelines of the Planning Act. A pre-hearing conference related to this matter has yet to be scheduled by the Tribunal.

City Planning Division does not support the Draft Plan of Subdivision Application No. 16 271924 STE 28 SB as a premature application because the applicant's draft plan of subdivision does not reflect City-building projects that are within or directly adjacent to the subject site, including, Port Lands Flood Protection Enabling Infrastructure and the East Gardiner EA, as well as other issues included within this report.

The Chief Planner and Executive Director, City Planning recommend that Council authorize the City Solicitor, City Planning staff and other appropriate City staff attend the Tribunal to oppose the application.