Item - 2020.NY18.5

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal (LPAT) to oppose the Zoning By-law Amendment application for 40 and 44 Broadway Avenue in its current form for reasons set out in the report (September 16, 2020), from the Acting Director, Community Planning, North York District.

2. City Council authorize the City Solicitor and appropriate staff to seek revisions to the applications and continue discussions with the applicant in an attempt to resolve issues outlined in the report (September 16, 2020) from the Acting Director, Community Planning, North York District, within the context of the ongoing Broadway and Erskine Block Study, consistent with the Yonge Eglinton Secondary Plan (Official Plan Amendment No. 405), from the Acting Director, Community Planning, North York District regarding 40 and 44 Broadway Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary.

3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendments are in a form satisfactory to the  Acting Director, Community Planning, North York District and City Solicitor;

b. a Section 37 Agreement has been executed and registered to secure Section 37 contributions and related matters satisfactory to the Acting Director,  Community Planning, North York District;

c. the owner has addressed the comments in the Engineering and Construction Services memo dated September 11, 2019, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  all technical reports have been submitted and accepted by the relevant City Divisions.

4. City Council require that, in the event the Local Planning Appeal Tribunal approves the Zoning By-law Amendment application, in whole or in part, an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, as described and set out in the report (September 16, 2020) from the Acting Director, Community Planning, North York District, to the satisfaction the General Manager, Parks, Forestry and Recreation.

5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.

On July 24, 2019, an application to amend the Zoning By-law was submitted to the City of Toronto for 40 and 44 Broadway Avenue which proposes to amend City of Toronto Zoning By-law Nos. 438-86 and 569-2013 to permit a 44-storey (131.9 metre) high residential building with a 4-storey base residential element that would be 14.96 metres in height at the north end of the site.  The proposed place of worship forms part of the base building element abutting Broadway Avenue and would be 16.86 metres in height.

On May 8, 2020, the applicant (Collecdev Inc.) appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT).  The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act.  A pre-hearing conference has not yet been scheduled.

The proposed development is situated within the area subject to the ongoing Broadway & Erskine Block Study, as moved by City Council in July 2019, and part of the wider Midtown Zoning Review.  The Broadway & Erskine Block Study seeks to address matters such as the provision of consolidated site access, parkland location and configuration, pedestrian connections within the block and to the surrounding area, required servicing and transportation infrastructure, historic preservation, and appropriate urban design and compatible built form for the area.  The outcome of the Broadway & Erskine Block Study would guide the review of this application and future redevelopment of other sites within the block.

While the proposed building is within the height range of 35 to 50 storeys as identified by Policy 5.4.3(f) of the Yonge-Eglinton Secondary Plan, the proposal fails to meet the overall policy objectives of the Secondary Plan, particularly as it relates to policies regarding the Redpath Park Street Loop Character Area, Parks and Public Realm, Streetscape and Built Form.  The proposal at 44-storeys would be one of the tallest buildings in the area and the site is not located on the south side of Roehampton Avenue.  Heights are to generally decrease from south to north and east to west.

In its current form, the proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). 

This report recommends that the City Solicitor together with City Planning staff and other appropriate staff be directed to oppose the application, in its current form, at the LPAT.  This report also recommends that despite the applicant's appeal of the Zoning By-law Amendment application to the LPAT, City Planning staff continue to work with the applicant's team on revisions to the application to bring forward a proposal, within the context of the ongoing Broadway & Erskine Avenue Block Study that represents a supportable development of the site.