Item - 2019.TE5.9

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Official Plan Amendment at 1 Front Street West and 141 Bay Street for the reasons set out in the report (April 10, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council refuse the application for the Zoning By-law Amendment at 1 Front Street West and 141 Bay Street for the reasons set out in the report (April 10, 2019) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal (the "LPAT") in support of City Council’s decision to refuse the application, in the event that the applications are appealed to the Local Planning Appeal Tribunal.

4. In the event the applications are appealed to the Local Planning Appeal Tribunal, City Council, pursuant to sections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

5. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on sections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under sections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

6. City Council direct the City Clerk, should an appeal be filed, to notify the Local Planning Appeal Tribunal of City Council’s intention pursuant to section 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Local Planning Appeal Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

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

The applications propose to amend the Official Plan and Zoning By-law for the properties at 1 Front Street West and 141 Bay Street to permit two residential towers of 45 and 49 storeys (156.9 and 168.7 metres respectively) containing 836 units on top of the 5-storey heritage designated Dominion Public Building. The Dominion Public Building is proposed to be altered to accommodate 8,989 square metres of retail space and 22,045 square metres for a hotel with 251 rooms. A 3-level underground garage is proposed to accommodate 199 vehicular parking spaces.

This report reviews and recommends refusal of the applications to amend the Official Plan and Zoning By-law as it does not support the role of the Financial District in maintaining office use on-site, does not provide minimum tall building setbacks, and does not conserve the scale, form and massing of the heritage Dominion Public Building. Specifically:

• The proposal is inconsistent with the Provincial Policy Statement (2014), as it sets out inappropriate development standards including the absence of maximum building densities for the subject site; elimination of building setbacks from property lines and reduced tower setbacks between buildings; the inadequate mix of land uses to meet long term needs; and has not conserved the significant heritage values of the Dominion Public Building, Union Station and the Union Station Heritage Conservation District;

• The proposal fails to conform with the Growth Plan for the Greater Golden Horseshoe (2017). It does not: provide certainty on the scale and adequate transition to adjacent areas as it applies to the subject site; has not appropriately directed major office uses within the Downtown Urban Growth Centre; and does not conserve the significant heritage values of the Dominion Public Building, Union Station, and the Union Station Heritage Conservation District;

• The proposal is not consistent with the general intent of the Official Plan, as it does not focus office use in the Financial District, does not provide a built form parameter that fits within the existing and planned context, and does not conserve the significant heritage values of the Dominion Public Building, the adjacent Union Station, nor the Union Station Heritage Conservation District;

• The proposal does not maintain the intent and purpose of Official Plan Amendment 231, Official Plan Amendment 352 and Official Plan Amendment 406, particularly with respect to the elimination of existing office use on-site and the increase in residential uses beyond the as-of-right permission.

• The proposal does not address nor maintain the intent of the Council approved urban design guidelines, particularly with respect to the direction to provide a minimum 25 metres of separation distance between towers and a minimum 12.5 metre tower setback from the rear lot line; and

• The proposal does not conserve the significant heritage attributes of the Dominion Public Building as defined by the designating By-laws under Part IV and V the Ontario Heritage Act.