Item - 2019.TE6.13

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for the Zoning By-law Amendment at 409 and 415 Yonge Street and 9 and 17 McGill Street for the reasons set out in the report (May 3, 2019) from the Director, Community Planning, Toronto and East York District,

2. City Council authorize the City Solicitor and appropriate City staff to appear before the Local Planning Appeal Tribunal (LPAT) in support of City Council's decision to refuse the application, in the event that the application is appealed to the Local Planning Appeal Tribunal.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize a stratified conveyance of on-site parkland to the satisfaction the General Manger, Parks, Forestry and Recreation should the City require on-site parkland dedication pursuant to Section 42 of the Planning Act as set out in the report (May 3, 2019) from the Director, Community Planning, Toronto and East York District.

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.

5. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the submission of an Official Plan Amendment application;

b. the final form of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the owner has secured the on-site parkland dedication in the by-laws and appropriate agreements, with appropriate conditions, to the satisfaction of the City Solicitor and the General Manager, Parks, Forestry and Recreation;

d. all comments from Engineering and Construction Services contained in their February 28, 2018 and October 12, 2018 memorandums are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and in consultation with the local ward councillor.

At its meeting on May 22, 2019, the Toronto and East York Community Council also considered the report (May 21, 2019) from the Director, Community Planning, Toronto and East York District, which confirms the proposal does not conform with the "A Place to Grow" Plan, 2019.

The application proposes a Zoning By-law amendment for the property at 409 and 415 Yonge Street and 9 and 17 McGill Street to permit a 42-storey residential addition above an existing 19-storey office building resulting in an overall building height of 61 storeys (233 metres) and a floor space index (FSI) of 24.3 times the area of the lot. The proposed addition would include 450 residential dwelling units totalling 36,128 square metres in area and also proposes: 900 square metres of indoor amenity area and no outdoor amenity space; 74 parking spaces located below grade within the three levels of the existing parking garage; and 577 bicycle parking spaces. As a whole, the proposed building would comprise a total of 53,064 square metres, of which 16,936 square metres is existing non-residential gross floor area.

This report reviews and recommends refusal of the application to amend the Zoning By-law.  The proposal is inconsistent with the Provincial Policy Statement (2014), fails to conform with the Growth Plan for the Greater Golden Horseshoe (2017), and does not conform with the policies of the City of Toronto Official Plan.  The proposal is inconsistent with the policies of the Downtown Secondary Plan (OPA 406), Downtown Tall Building Setback Area Specific Policy No. 517 (OPA 352), Site and Area Specific Policy No. 151, and does not appropriately respond to the Tall Building Design Guidelines, the Downtown Tall Buildings: Vision and Supplementary Design Guidelines and the Growing Up Guidelines.

Specifically, the proposed development is of a scale, height and density that is not appropriate in relation to its existing and planned context; the proposal does not provide for an appropriate transition to the adjacent physically stable Neighbourhood (McGill Granby); the proposal does not provide minimum tall building setbacks and stepbacks and an appropriate floorplate size; a portion of the proposed development is within the portion of the property designated as Parks and Open Space, introducing residential uses within a park, contrary to the Official Plan; the proposed development has negative shadow impacts on the adjacent Neighbourhood (McGill Granby) and local Parks and Open Space areas and negative wind impacts.  The proposed development does not provide a full range of housing to meet the needs of all household sizes and income levels and does not provide a sufficient amount of amenity space and parking for future residents.

On May 2, 2019, the Province of Ontario released A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ("A Place to Grow") which amends the Growth Plan for the Greater Golden Horseshoe (2017). 

The "A Place to Grow" Plan came into effect on May 16, 2019 and all planning decisions are required to conform with it, on or after May 16, 2019. Planning staff have reviewed the proposed development with respect to the "A Place to Grow" Plan and can advise that for this proposal, the relevant policies of the "A Place to Grow" Plan carry on the direction of the Growth Plan for the Greater Golden Horseshoe (2017).

Staff have reviewed the changes and confirm the proposal does not conform with the "A Place to Grow" Plan.