Item - 2018.TE33.17

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 oppose the Official Plan amendment and Zoning By-law amendment application for 245-285 Queen Street East, 348-410 Richmond Street East, 88-116 Ontario Street and 8-12 Brigden Place (file no. 16 118638 STE 28 OZ), and to attend any Local Planning Appeal Tribunal hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate, for the following reasons:

 
i. The proposal is inconsistent with the Provincial Policy Statement (2014) as it does not promote a well-designed built form which appropriately conserves the built heritage resources that help define the character of the surrounding area;

ii. The proposal does not conform to the Growth Plan (2017) as it does not appropriately conserve the built heritage resources on-site, does not result in the desired urban structure and does not result in an appropriate scale of development and transition of built form to adjacent areas; and,

iii. The proposal does not conform to the Official Plan and King-Parliament Secondary Plan as it does not appropriately address built form and heritage conservation policies.

 
2. City Council authorize City staff to continue discussions with the applicant on a revised proposal, including a settlement at the Local Planning Appeal Tribunal, which addresses the issues set out in the report (May 29, 2018) from the Acting Director, Community Planning, Toronto and East York District, including:

 
i. Conformity to the Provincial Policy Statement (2014) and Growth Plan (2017);

 
ii. Reducing the proposed height and massing of the development; and,
 

iii.Appropriate heritage conservation measures.

3. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, the conveyances of the City-owned Brigden Place Lane and the unnamed laneway west of Ontario Street and north of Richmond Street East to the owner be finalized to the satisfaction of the General Manager, Transportation Services.

4. In the event the Local Planning Appeal Tribunal allows the appeal, City Council authorize City staff to advise the Local Planning Appeal Tribunal of City Council's position that any redevelopment of the lands must also include the full replacement of the 58 existing rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council defer making a decision on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the 58 existing residential rental dwelling units at 90 Ontario Street and 263-265 Queen Street East (file no. 17 160339 STE 28 RH), until such time as a decision is made on the Official Plan and Zoning By-law amendment application and a Tenant Consultation meeting has been held.

6. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, the full on-site parkland dedication pursuant to Section 42 of the Planning Act be required by City Council to be conveyed and constructed to base-park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

7. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

8. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders approving the Official Plan and Zoning By-law amendment until:

i. The owner has provided draft by-laws to the Local Planning Appeal Tribunal in a form and with content satisfactory to the Acting Director, Community Planning, Toronto and East York District and the City Solicitor, which will include securing tenant assistance, replacement rental dwelling units, rents and any other rental related matters;

 
ii. The owner has provided a revised functional servicing report and a revised hydrogeological report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
 

iii. The owner has satisfied the requirements of the Toronto Transit Commission in regards to Toronto Transit Commission infrastructure, to the satisfaction of the Development Coordinator, Toronto Transit Commission;
 

iv. The owner has provided an Archaeological Monitoring and Mitigation Strategy to the satisfaction of the Director, Urban Design, City Planning;
 

v. City Council has dealt with the Rental Housing Demolition Application (file no. 17 160339 STE 28 RH) under Chapter 667 of the Toronto Municipal Code to demolish 58 existing rental dwelling units at 90 Ontario Street and 265 Queen Street East;

 
vi. The owner enters into an Agreement under Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and,
 

vii. The following matters are also recommended to be secured for the development in the Section 37 Agreement as a legal convenience:
 

a. The requirement to construct the Above Base Park improvements;

 
b. Securing the proposed north-south walkway as a privately owned publicly accessible walkway; and,
 

c. Any conditions of a Council approved Section 111 permit and any associated conditions related to the permit.

9. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the recommendations above.

The purpose of this report is to request direction from City Council on the pending Local Planning Appeal Tribunal (LPAT) hearing on the revised application for an Official Plan and Zoning By-law amendment at the site bordered by Queen Street East to the north, Ontario Street to the east, Richmond Street East to the south and McFarrens Lane to the west.  The application proposes to permit a mixed-use redevelopment consisting of three towers of 24, 28 and 37 storeys with base building heights ranging from 3 to 5 storeys, along with building components that are 12 storeys.  The revised application consists of: 1,468 residential dwelling units (of which 52 are replacement rental units, and 24 are live/work units), 124 hotel rooms, 54,702 square metres of non-residential gross floor area;  1,687 bicycle parking spaces; and 821 vehicular parking spaces within a 4-level underground garage.

The application proposes to incorporate Brigden Place Lane and an unnamed north-south lane, both City-owned public lanes as part of the redevelopment where the underground garage is to encroach underneath the lands.

The application was revised in March 2018 and represents an improvement from the original submission submitted in February 2016 and a first revised proposal submitted in December 2016. However, the current proposal’s massing and height still do not fit within the existing built form context of the King-Parliament area. Other outstanding issues include the area of the proposed retail spaces, appropriate heritage conservation measures, and outstanding traffic and functional servicing matters.

The proposed development is not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017).

On November 15, 2017, the Official Plan and Zoning By-law amendment application was appealed to the LPAT by the applicant pursuant to Sections  22(7) and 24(11) of the Planning Act due to the City not making a decision within 180 and 120 days of the Official Plan amendment and Zoning By-law amendment submission respectively. It is recommended that the City oppose the application in its revised form at the LPAT. It is also recommended that staff continue discussions with the applicant to achieve revisions to the proposal that address the issues identified in this report.

A Rental Housing Demolition and Conversion application, file no. 17 160339 STE 28 RH, was submitted under Section 111 of the City of Toronto Act to demolish all 58 rental housing units on-site pursuant to Chapter 667 of the Toronto Municipal Code. There are 56 rental units contained in the 5-storey, mixed-use building at 90 Ontario Street, including existing live/work uses. There are 2 rental units contained in the 2-storey mixed-use building at 265 Queen Street East. The Rental Housing Demolition and Conversion application was reviewed concurrently with the Official Plan and Zoning By-law amendment application. The City's decision on the Rental Demolition and Conversion application is not appealable to the LPAT.