Item - 2018.TE34.51

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and City staff, as appropriate, to attend the hearing at the Local Planning Appeal Tribunal and to oppose the Official Plan and Zoning By-law Amendment applications for 507, 509, and 511 Kingston Road in its present form as the proposal does not conform to the Provincial Policy Statement (2014) as it does not appropriately address the built form policies of the Official Plan.

2. City Council authorize the City Solicitor and City Planning staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (June 6, 2018) from the Acting Director, Community Planning, Toronto and East York District, including:

a. reducing the proposed height and massing;

 
b. improving compliance with provincial policy, including the Planning Act, PPS (2014) and Growth Plan (2017); and,

 
c. improving compliance with the City wide Avenues and Mid-Rise Buildings Study (2010) and Mid-Rise Building Performance Standards Addendum (2016).

3. In the event that 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 Order on the Zoning By-law Amendment appeal for the subject lands until such time as:

 
a. 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.

This Report responds to an application for which staff are currently not in a position to provide a Final Report to Council, but which could be appealed to the Local Planning Appeal Tribunal due to a lack of decision during the break in Council's meeting schedule (July to December 2018).

The report sets out outstanding issues related to the application and makes an initial determination as to whether or not the application is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).

This application proposes Official Plan and Zoning By-law amendments for 507, 509 and 511 Kingston Road, to permit a 7-storey apartment building containing 30 residential units and 36 below-grade parking spaces.  The site is located on the south side of Kingston Road between Woodbine Avenue and Main Street.  The existing structures at 507, 509 and 511 Kingston Road are proposed to be demolished.   

The proposed land use is compatible with adjacent and nearby land uses, but the built form and massing, in its present form, is not consistent with the Provincial Policy Statement (2014) (PPS) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017).  The proposal, in its present form, does not adequately address policies contained in the City's Official Plan, the Avenues and Mid-Rise Buildings Study (2010) and Mid-Rise Building Performance Standards Addendum (2016).

The purpose of this report is to seek Council's direction for the City Solicitor and other appropriate City Staff to attend a hearing at the Local Planning Appeal Tribunal (LPAT) (formerly the Ontario Municipal Board), in opposition to the applicant's current development proposal and appeal should the application be appealed to the Local Planning Appeal Tribunal.  The report also authorizes staff to continue discussions with the applicant or revisions to the application to address the issues set out in this report.