Item - 2020.TE18.12

The Toronto and East York Community Council recommends that:  

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 465-471 Richmond Street West and 38 Camden Street (File No. 19 182800 STE 10 OZ) in its current form for the reasons set out in the report (August 17, 2020) from the Director, Community Planning, Toronto and East York District.

 
2. City Council authorize the City Solicitor and appropriate staff to seek revisions to the application and continue discussions with the applicant in an attempt to resolve the issues outlined in the report (August 17, 2020) from the Director, Community Planning, Toronto and East York District regarding the Zoning By-law Amendment application 465-471 Richmond Street West and 38 Camden Street (File No. 19 182800 STE 10 OZ), 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 the Local Planning Appeal Tribunal approves the Zoning By-law Amendment application, in whole or in part, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order(s) approving the application until such time as:

 
a. the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City;  

b. the owner has provided for the withdrawal of their appeal of the King-Spadina Heritage Conservation District Plan; 

c. the owner has provided for the withdrawal of their appeal of Official Plan Amendment 486, the King-Spadina Secondary Plan (2020); 

d. the owner has provided a satisfactory and acceptable Functional Servicing and Stormwater Management Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and secured any upgrades and/or improvements as may be necessary to facilitate the proposed development, and confirmation that the amending by-laws do not require any modifications to address the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineer and Construction Services, and the City Solicitor (where necessary); and 

e. appropriate Section 37 benefits are secured for the redevelopment of the site, and such matters as may be required to support the development are secured in a Section 37 agreement satisfactory to the Chief Planner and Executive Director, City Planning, and such agreement is executed and registered on title to the lands satisfactory to the City Solicitor. 

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

On January 14, 2020, the applicant filed an appeal of the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), citing Council's failure to make a decision on the application within the prescribed timelines of the Planning Act. The first case management conference was scheduled for May 13, 2020, however, this was postponed due to the Covid-19 Emergency Order. New hearing dates have not been set at this time.

The application proposes a 17-storey (51.2 metres including mechanical penthouse) hotel building fronting 465-471 Richmond Street West and a 15-storey (44.25 metres including mechanical penthouse) hotel building fronting 38 Camden Street. The 2 hotel components would be connected by a common, 2-storey base building. The existing significant built heritage resource on the designated heritage property at 38 Camden Street is proposed to be demolished. The applicant has filed a demolition application under the Ontario Heritage Act. 

The proposal is not supportable in its current form as it proposes the demolition of the existing significant built heritage resource on the heritage property at 38 Camden Street. In addition, the proposed built form, height and lack of building setbacks and stepbacks from adjacent properties would create negative impacts, such as limiting access to sunlight and sky-view, and would impact adequate privacy, and as such the proposed development, in its current form, does not fit within its existing and planned context.

The application is not consistent with the Provincial Policy Statement, does not conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, does not conform to the City’s Official Plan, the Downtown Secondary Plan or the King-Spadina Secondary Plan. Specifically, the proposed development fails to be consistent or conform to policy matters related to heritage conservation, height and built form compatibility with neighbouring properties.

The purpose of this report is to seek City Council's direction for the City Solicitor and appropriate City Staff to attend at the LPAT and oppose the applicant’s development proposal in its current form. Staff are also seeking direction to continue discussions with the applicant in order to resolve the issues raised in this report.