Item - 2018.TE31.14

The Toronto and Eats York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the appeal respecting the Official Plan Amendment and Zoning By-law Amendment applications for 1925-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Ave.

2. In the event that the Ontario Municipal Board allows the appeal in whole or in part:

a. City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and storm water capacity from the Chief Engineer and Executive Director, Engineering and Construction Services; necessary transportation infrastructure from the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; public school capacity from the Director of Education, Toronto District School Board; and, pending receipt of a satisfactory Functional Servicing Report;

 
b. City Council require on-site parkland dedication pursuant to Section 42 of the Planning Act, to be conveyed to the City in the event that the proposal, in some form, is approved, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
 

c. City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan Amendment and Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Acting Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor;

d. City Council authorize the Acting Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for matters including, but not limited to:
 

i. public realm improvements in the Yonge-Eglinton Secondary Plan Area; and/or

 
ii. community services and facilities in the Yonge-Eglinton Secondary Plan Area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review;

 
iii. any matters to be secured as a matter of convenience.

The Toronto and East York Community Council directed:

1.  City Planning staff be directed to schedule a community consultation meeting for the lands, with the Ward Councillor. 

2. Notice for the community consultation meeting be given to landowners and residents within an expanded area in consultation with the Ward Councillor.
 

3. Notice for the community consultation under the Planning Act be given according to the regulations of the Planning Act.

4. Transportation Services give a presentation regarding vehicular access on the site at the community consultation meeting.

This application proposes a mixed-use development comprised of two residential towers connected by a 3-storey base building.  The north tower is 25 storeys with a 9-storey base, and the south tower is 34 storeys with a 3-storey base.  Parkland dedication, 392 square metres in size, is proposed at the northeast corner of the site.

The proposed development has 450 dwelling units, and 8,232 square metres of commercial space located on floors 1-3.  A total of 268 parking spaces are proposed in a 4-level underground garage.

The applicant appealed its Official Plan Amendment and Zoning By-law Amendment applications to the Ontario Municipal Board due to Council's failure to make a decision within the time prescribed by the Planning Act.  This report recommends that Council direct the City Solicitor, together with appropriate City Staff, to oppose the proposal at the Ontario Municipal Board.  The proposal is not acceptable for the reasons outlined in this report.

Planning staff have considered the application within the context of the in-force policy framework, including the Official Plan.  In addition, the emerging planning policy direction of the Yonge - Eglinton Secondary Plan Review (Midtown in Focus) has been considered.

The proposed built form does not conform to the Avenues, Healthy Neighbourhoods, Built Form or Neighbourhoods policies of the Official Plan. Further, the proposed development does not adequately address the City's Tall Building Design Guidelines, or the intent of those guidelines.

The proposed development does not adequately address the Council-endorsed Midtown in Focus built form principles.