Item - 2018.TE29.18

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate staff to attend the Ontario Municipal Board mediation, and to oppose the Zoning By-law Amendment application for 122, 124, 126 and 128 Peter Street and 357 and 359 Richmond Street West is its current form for the reasons set out in the report (January 15, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor and City Planning staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in this report, including:

a. the conservation of the heritage buildings at 357 and 359 Richmond Street West and 122 and 124 Peter Street;

b. increased ground floor building setbacks along Richmond Street West and Peter Street;

c. increased tower setbacks from the west and south property lines;

d. revisions to the design of the proposal to provide for balconies and/or terraces for a greater proportion of the residential units and that the indoor and outdoor amenity spaces be designed to serve a range of users including children; and

e. revisions to the range in the mix of dwelling units to introduce a greater proportion of two-bedroom units suitable for families with children.

3. City Council authorize the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the matters, services and facilities pursuant to Section 37 of the Planning Act to be secured, in the event the Ontario Municipal Board approves the Zoning By-law amendment application as proposed in whole or in part including contributions in relation to achieving a public open space/park on the block bounded by Spadina Avenue, Peter Street, Adelaide Street West and Richmond Street West, and other public realm improvements within this block as outlined in the King-Spadina East Precinct Public Realm Strategy. 

4. In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold the issuance of its final Order until:

a. the final form of the  Zoning By-law amendments are to the satisfaction of the City Solicitor and the Acting Director, Community Planning, Toronto and East York District;

b. the owner has entered into Heritage Easement Agreements with the City for the properties at 357 and 359 Richmond Street West and 122 and 124 Peter Street to the satisfaction of the Senior Manager, Heritage Preservation Services including execution and registration of such agreements to the satisfaction of the City Solicitor;

c. the owner has provided a Conservation Plan prepared by a qualified heritage consultant for the properties at 357 and 359 Richmond Street West and 122 and 124 Peter Street to the satisfaction of the Senior Manager, Heritage Preservation Services; 

d. the owner addresses the outstanding items in relation to servicing and the road widening required along Richmond Street West outlined in the memorandum from Engineering and Construction Services dated December 5, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

e. community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Acting Director Community Planning, Toronto and East York District and the City Solicitor.

On October 31, 2016, the applicant appealed its rezoning application for a 46-storey (138.2 metre) mixed-use building with 435 residential units and a density of 21.0 times the area of the lot to the Ontario Municipal Board (OMB) due to Council's failure to make a decision within the prescribed period under the Planning Act. Prehearing conferences were held on May 23, 2017 and November 1, 2017. A mediation meeting has been scheduled by the OMB for February 12 and 13, 2018. No hearing dates have been set.

On October 13, 2017, the applicant submitted a with prejudice settlement offer proposing a 38-storey mixed-use building 117 metres high (excluding mechanical penthouse) with 246 dwelling units and 300 square metres of retail space. The total gross floor area of the proposed development is 18,863 square metres representing a density of 13.3 times the area of the site.

The site includes two heritage buildings (semi-detached house form buildings) at 357 and 359 Richmond Street West and 122 and 124 Peter Street. The revised application proposes to demolish the building at 357 and 359 Richmond Street West, and dismantle and reconstruct the building at 122 and

124 Peter Street and incorporate it into the development.

This report seeks Council's direction to oppose the proposed development at the Ontario Municipal Board in its current form. The revised application represents an improvement in the height, density and number of dwelling units in the development, as well as increased building setbacks. However, the application continues to propose the demolition of historically significant buildings. City Planning staff continue to seek greater conservation of the heritage resources on the site as per the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Official Plan and the King-Spadina Secondary Plan. As well, increased building setbacks are needed to address a required road widening along Richmond Street West, to provide for wider sidewalk zones along Richmond Street West and Peter Street, and to meet City requirements with respect to tower setbacks. The proposal in its current form does not fit harmoniously within its existing and/or planned context contrary to the Official Plan. The applicant has expressed a continued willingness to work with staff and this report recommends continuing discussions to arrive at a revised proposal that addresses the issues set out in this report.