Item - 2017.TE22.10

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor and City Planning Staff, as appropriate, to attend the Ontario Municipal Board hearing, and to oppose the Official Plan and Zoning By-law Amendments application for 57 - 65 Brock Avenue for the reasons set out in the report (February 2, 2017) from the Director, Community Planning, Toronto and East York District.

2.  City Council authorize City Planning Staff to continue discussions with the applicant on a revised proposal, which addresses the issues set out in the report (February 2, 2017), from the Director, Community Planning, Toronto and East York District including reducing the proposed height and massing to avoid overdeveloping the site, and limiting negative impacts on adjacent properties.

3.  City Council direct City Planning Staff, in the event that the Ontario Municipal Board allows the appeal in whole or in part, to request that the Ontario Municipal Board withhold any order to approve an Official Plan Amendment and Zoning By-law Amendment for the subject lands until such time as a Site Plan Agreement has been entered into between the City and the owner, and any pre-approval conditions to Site Plan Approval are fulfilled.

The Toronto and East York Community Council held a statutory public meeting on February 22, 2017, and notice was given in accordance with the Planning Act.

This application proposes a seven-storey (27.5 metre) residential building on the lands known as 57 – 65 Brock Avenue, containing 106 residential units.  A total of 73 parking spaces will be contained in a two-level above-grade parking structure, located at the rear of the site, abutting the rail corridor to the east.  A revised application was received by City Planning on December 28, 2016 after comments from the first circulation were provided to the applicant.  The revisions address technical elements of the proposal including, but not limited to, parking, loading, and access, but do not address concerns regarding height, massing, and contextual appropriateness.  The revised application has been circulated for review, with comments due in early February, 2017.  Therefore, the information and commentary in the report from the Director, Community Planning, Toronto and East York District dated February 2, 2017 reflect the review of the original submission, and do not pertain to the revised proposal, which, as noted above, is currently under review.

The applicant has appealed the application to the Ontario Municipal Board due to Council's failure to make a decision on their request for an Official Plan Amendment and Zoning By-law Amendment.  The proposed height of the building, the massing, and its relationship with the surrounding low-scaled residential context is not supportable.  The proposal represents overdevelopment of a property in an area made up predominantly of two-storey and three-storey residential buildings.  The revised application, still at seven stories in height and of the same massing as the originally submitted proposal, does not address concerns raised by Planning Staff regarding overdevelopment of the site and contextual inappropriateness in relation to the surrounding lower-scaled residential buildings, two of which are listed on the City's inventory of heritage properties.

This report reviews the application to amend the Official Plan and the Zoning By-law, and recommends that City Council direct the City Solicitor and City Staff, as appropriate, attend the Ontario Municipal Board (OMB) to oppose the application in its present form.