Item - 2019.TE6.14

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff to attend the Local Planning Appeal Tribunal ("LPAT") hearing in support of the revised application, and to settle the appeal of the application to amend the Official Plan and Zoning By-laws at 406-410 Keele Street, provided all outstanding issues are resolved to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

2. 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 its final Order on the Official Plan and Zoning By-law Amendments until:

a. Draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. A revised shadow study that identifies the conditions based on the revised proposal has been submitted to the satisfaction of the Chief Planner and Executive Director City Planning;

c.  A revised Transportation Impact Study (TIS) that addresses the matters identified by Transportation Services staff has been submitted to the satisfaction of the General Manager, Transportation Services;

d. The applicant either revises the parking plans to meet the minimum requirements of the PA4 provisions of Zoning By-law No. 569-2013 or submits a revised Parking Assessment, along with any required revised plans, which justifies the parking being proposed to the satisfaction of the General Manager, Transportation Services;

e. The applicant addresses all Toronto Water requirements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. The applicant revises the Toronto Green Standard Checklist to the satisfaction of the Chief Planner and Executive Director, City Planning to ensure there is adequate vehicle parking and cycling infrastructure on the site and the provision for the storage and collection of recycling and organic waste; and

g. A Notice of Approval Conditions (NOAC) for the future Site Plan Control application has been issued based on plans and including pre-approval conditions to implement the proposed development to the satisfaction of the Chief Planner and Executive Director, City Planning, including, but not limited to, the following:

i. A revised the Landscape Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with Urban Forestry staff;

ii. Warning Clauses to the satisfaction of the Toronto District School Board and Toronto Lands Corporation staff;

iii. Warning Clauses to the satisfaction of Metrolinx staff;

iv. Warning Clauses to the satisfaction of CP Rail staff;

v. The location, design and materiality of all noise mitigation measures recommended by the final noise study to the satisfaction of the Chief Planner and Executive Director, City Planning, such as noise barriers to ensure no negative impacts on the public realm, positioned away from the perimeter of main building walls, and green roofs within the perimeter located between noise barriers and main building walls; and

vi.  A Construction Management Plan to the satisfaction the Chief Engineer and Executive Director, Engineering and Construction Services.

3. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal to oppose the application if the matters in Recommendation 2 are not resolved to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

At its meeting on May 22, 2019, the Toronto and East York Community Council also considered the report (May 17, 2019) from the Director, Community Planning, Toronto and East York District, which confirms the proposal does conform with the "A Place to Grow" Plan, 2019.

The owner of the properties municipally known as 406-410 Keele Street has appealed the Official Plan and Zoning By-law Amendment application for these lands to the Local Planning Appeal Tribunal ("LPAT") citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act.  There have been three Pre-Hearing Conferences held regarding this application. An additional Pre-Hearing Conference is scheduled for August 2, 2019, and a Hearing has been scheduled for November 18-29, 2019.

The application proposes to amend the Official Plan, City of Toronto Zoning By-law No. 569-2013 and former City of Toronto Zoning By-law No. 438-86, to permit the construction of a 5-storey (including mezzanine level above the ground floor) residential building containing 30 dwelling units at 406-410 Keele Street.  The site density would be 2.98 times the area of the lot. The proposed building would front on both Keele Street and Vine Avenue.  Vehicular access is proposed from Vine Avenue to a below ground parking garage.  There would be rooftop access to private amenity space through rooftop stairway enclosures.  As well, clerestories are proposed on the rooftop (a clerestory is similar to a skylight, except the window is located on a portion of wall that rises above the rooftop to allow light into the space below).

Since the last Pre-Hearing Conference at the LPAT, the applicant has significantly revised the application.  Based on the revised submission, this report recommends that the City Solicitor, together with City Planning staff, be directed to attend the LPAT hearing on August 2, 2019, to settle the appeal of the Official Plan and Zoning By-law Amendment application, substantially in accordance with the Recommendations set out in this report. 

As revised, the proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2017), and has regard for matters of provincial interest in Section 2 of the Planning Act.  The proposal also represents an appropriate and orderly development of the site that conforms to many policies of the Official Plan.

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 has come 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 conform with the "A Place to Grow" Plan.