Item - 2018.TE32.14

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and City staff, as appropriate, to attend the Local Planning Appeal Tribunal Hearing, and to oppose the Zoning By-law Amendment application for 647, 663-665 King Street West, 69-73 Bathurst Street and 58-60 Stewart Street in its present form for reasons set out in the report (April 16, 2018) from the Acting 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 (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District, including:

a. conserving the heritage properties at 663 King Street West and 58 and 60 Stewart Street consistent with the Official Plan and King Spadina Heritage Conservation District Plan;

b. reducing the proposed height and massing, and increasing building stepbacks to avoid overdevelopment of the site and to limit the negative impacts on adjacent properties;

c. improving compliance with Council's approved planning framework for the area including the King-Spadina Urban Design Guidelines (2006); and

d. improving compliance with emerging policies reflected in the King-Spadina Secondary Plan review.

3. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order until:

a. the final form of the Zoning By-law amendments are to the satisfaction of the Acting Director, Community Planning, Toronto and East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant assistance and any other rental related matters in conformity with Section 3.2.1.6 of the Official Plan;

b. the properties at 663 - 665 King Street West and 58 - 60 Stewart Street are designated pursuant to Section 29 of the Ontario Heritage Act;

c. that the owner obtains approval to alter the property under Section 33 of the Ontario Heritage Act;

d. the owner has entered into a Heritage Easement Agreement with the City for the property at 663-665 King Street West and 58-60 Stewart Street to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution and registration of such agreement to the satisfaction of the City Solicitor;

e. the owner has provided a Conservation Plan prepared by a qualified heritage consultant for the property at 663-665 King Street West and 58-60 Stewart Street to the satisfaction of the Senior Manager, Heritage Preservation Services;

f. the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other Section 37 matters, all to the satisfaction of the City Solicitor;

g. City Council approval of the Rental Housing Demolition application No. 16 270246 STE 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 7 existing rental dwelling units at 58-60 Stewart Street;

h. the owner has addressed outstanding items in relation to servicing, solid waste, fire services, and groundwater discharge for the proposed development and has submitted revised servicing and storm water management reports and associated municipal servicing plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

i. 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.

5. City Council defer making a decision at this time on Rental Housing Demolition application No. 16 270246 STE 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 7 existing rental dwelling units at 58-60 Stewart Street, and instruct staff to report on the Rental Housing Demolition and Conversion Application to Toronto and East York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment appeal for such lands at for 647, 663-665 King Street West, 69-73 Bathurst Street and 58-60 Stewart Street.

6. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement the recommendations above.

This application proposes a 19-storey building with retail uses on the ground floor, second floor and third floor and residential uses above at 647, 663-665 King Street West, 69-73 Bathurst Street and 58-60 Stewart Street.  The applicant proposes to demolish the four-storey building at 58-60 Stewart Street containing 7 rental dwelling units and replace all existing rental dwelling units within the proposed residential building.

The applicant has appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) formerly the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time allotted by the Planning Act.  A pre-hearing conference was held on March 26, 2018, and a hearing has been tentatively scheduled for 10 days, from February 5, 2019 to February 15, 2019.  A second pre-hearing conference has been scheduled for June 29, 2018.

The proposed development represents an overdevelopment of the site, both in terms of built form and density.  The proposal does not conform with the Official Plan, including but not limited to its built form policies or the applicable Secondary Plan.  Further, the proposal does not satisfactorily respond to built form urban design guidelines.  Issues specifically raised by the proposal include:

- The proposal does not respond appropriately to the built form context of King Street West and would set a negative precedent;

- The proposed built from of a tower at a height of 67 metres (including the mechanical penthouse) is not consistent with the mid-rise built form of the West Precinct of the King-Spadina Secondary Plan area;

 
- The proposal does not provide an appropriate level of conservation for the heritage buildings on the site;

 
- Then proposal does not provide for the replacement of the existing office uses on the site;

 
- The proposed base building is not clearly defined, given the absence of sufficient setbacks for the taller portion of the building; and
 

- The tower portion of the building does not provide appropriate stepbacks from adjacent properties. 

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of the 7 existing rental dwelling units at 58-60 Stewart Street.