Item - 2016.TE20.15

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff, to oppose the Zoning By-law amendment application for 46 to 54 Power Street and 113 to 135 Parliament Street (File no. 13 181685 STE 28 OZ), and to attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

2.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (October 25, 2016) from the Director, Community Planning, Toronto and East York District.

3.  In the event the Ontario Municipal Board allows the appeal, City Council authorize City staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the 15 existing rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council defer making a decision on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the 15 existing residential rental dwelling units at 125 Parliament Street and 50 Power Street (File no. 13 181698 STE 27 RH), until such time as a decision is made on the Zoning By-law Amendment application and a Tenant Consultation meeting has been held.

5.  In the event the Ontario Municipal Board allows the appeal in whole or in part, that on-site parkland dedication of approximately 418.7 square metres pursuant to Section 42 of the Planning Act be required by City Council to be conveyed and constructed to base-park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6.  In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold its final Order approving the Zoning By-law Amendment until:

i.  the owner enters into an Agreement under Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and,

ii.  the following matters are also recommended to be secured for the development in the Section 37 Agreement as a legal convenience: 

a.  the requirement to construct the Above Base Park improvements; and,

b.  any conditions of a Council-approved Section 111 permit and any associated conditions related to the permit.

7.  In the event the Ontario Municipal Board allows the appeal, City Council authorize the City Solicitor, to request the Ontario Municipal Board to withhold its final order until a revised functional servicing report and a hydrogeological report have been submitted and reviewed to the satisfaction of the Executive Director, Engineering and Construction Services.

8.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

The purpose of this report is to request direction from City Council on the pending Ontario Municipal Board (OMB) hearing on the application for a Zoning By-law amendment at 46-54 Power Street and 113-135 Parliament Street.  The application proposes a 22-storey building consisting of a 4-storey base building and an 18-storey ‘inverted C’ shaped slab tower.  The proposal consists of: 532 residential dwelling units, of which 15 are rental replacement units; 6,187 square metres of retail space; 499 vehicular parking spaces; and 606 bicycle parking spaces.

The proposal's height and massing does not fit within its existing and planned context as required by the Official Plan and the King-Parliament Secondary Plan. Other issues include the size of the retail units, the location of the vehicular and loading accesses and outstanding functional servicing matters.

On June 2, 2016, the rezoning application was appealed to the OMB by the applicant pursuant to Section 34(11) of the Planning Act due to the City not making a decision within 120 days of submission of a complete application.  It is recommended that the City oppose the application in its current form at the OMB.  It is also recommended that staff continue discussions with the applicant to achieve revisions to the proposal that address the issues identified in this report.

A Rental Housing Demolition and Conversion application, file no.  13 181698 STE 27 RH, was submitted under Section 111 of the City of Toronto Act to demolish 15 rental housing units at 125 Parliament Street and 50 Power Street pursuant to Chapter 667 of the Toronto Municipal Code and was reviewed concurrently with the Zoning By-law amendment application.  The City's decision on the Rental Demolition & Conversion application is not subject to an appeal to the OMB.