Item - 2018.TE34.29

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend before the Local Planning Appeal Tribunal respecting the Zoning By-law Amendment appeal for 149-157 Bathurst Street in support of revisions made to the proposed development as described in the Issue Background section and appended as Attachment 1-5 to the report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor and the Acting Director, Community Planning, Toronto and East York District to prepare and present a settlement, to be presented to the Local Planning Appeal Tribunal jointly with the applicant, based on the following:

a. A maximum height of 49.5 metres (52 metres including the mechanical penthouse) and the other usual permitted projections such as parapets, vents, stacks, exit hatch, and window washing equipment to the satisfaction of the Acting Director, Community Planning, Toronto and East York District;

b. A total combined gross floor area of 6,250 square metres;

 
c. A minimum provision of 10% of all units as three bedroom units; and,

 
d. Which is substantially in accordance with the settlement materials dated May 17, 2018 (June 21, 2018 for Drawing A201), prepared by RAW Design, subject to revisions as required by Recommendation 4 and 5 of the  report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District.

3. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order until such time as:

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

 
b. Confirmation is received by the City Solicitor that the owner / applicant has withdrawn site-specific appeals to OPA 352 (Downtown Tower Separation) and the associated zoning by-laws (1106-2016 and 1107-2016); and
 

c. The owner has submitted a construction management plan to the satisfaction of the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details to ensure that safety lighting does not negatively impact adjacent residences, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor.

4. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order until such time as the following revisions/additional information are provided by the applicant to the satisfaction of the Director, Solid Waste Management, Collections and Litter Operations:

 
a. Revised drawings removing all annotations pertaining to City of Toronto waste collection;

 
b. Revised drawings annotating that the Site Plan Agreement and Condominium Declaration will include conditions identifying that the building must use private waste collection;

 
c. Revised drawings demonstrating that sufficient space for storage of the roll off bin is provided;

d. Revised drawings annotating that a flagman or a spotter will be present during reversal of the collection vehicle into and out of laneway; and,

 
e. Revised drawings indicating a warning system to caution motorists leaving the parking garage of heavy vehicles when loading and reversal operations are occurring.  This warning system should include lights, signage/mirrors and audible warning signals.
 

5. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order until such time as the following revisions/additional information are provided by the applicant to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

a. Identify on all applicable drawings the 1.43 metre wide strip of land along the west limit of the site abutting the public lane as "lands to be conveyed to the City for road widening purposes";

 
b. Identify on all applicable drawings a pedestrian clearway with a minimum width of 2.1 metres along Bathurst Street;
 

c. Submit a revised Functional Servicing Report to address the comments as described in the memorandum from the Manager, Development Engineering, dated September 6, 2016, and further updated on June 25, 2018;

 
d. Address the comments of Toronto Water, Environmental Monitoring and Protection Unit (EM&P) dated August 29, 2016, related to groundwater and discharging into the City's sewer system;

 
e. Show an updated location of the storm tank on the Site Plan drawing A100 and P1 level of the Parking Plan A101, to be consistent with the submitted Site Servicing and Grading Plan; and,
 

f. Eliminate any encroachments from the City's right-of-way on Bathurst Street and the municipal laneway of the exterior walls of the underground garage on Site Plan drawing A100.

6. City Council withhold from making a decision on Rental Housing Demolition Application No. 16250035 STE 20 RH under Chapter 667 of the Toronto Municipal Code to demolish three existing rental dwelling units at 149-157 Bathurst Street.

7. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal for the subject lands until such time as:

 
a. The Chief Planner and Executive Director, City Planning, under delegated authority, has dealt with the Rental Housing Demolition application No. 16 250035 STE 20 RH under Chapter 667 of the Toronto Municipal Code to demolish three existing rental dwelling units at 149-157 Bathurst Street; and

 
b. The applicant has agreed to provide an acceptable Tenant Relocation and Assistance Plan, all to the satisfaction of the Chief Planner and Executive Director, City Panning.

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

The Toronto and East York Community Council directed the Acting Director, Community Planning, Toronto and East York District, to continue conversations with the applicant and community stakeholders with regard to matters raised in public submissions on the item and in communications to staff, in consultation with the Ward Councillor, and if necessary, to submit a supplementary report and recommendations directly to the July 23, 24 and 25, 2018 City Council meeting.

This application proposes to amend the Zoning By-law to permit the redevelopment of the site at 149-157 Bathurst Street containing five rowhouse buildings, with a 16-storey mixed-use building containing retail uses at grade, 88 residential units above and 18 parking spaces accommodated in a parking stacker. The building will have a height of 49.5 metres (52 metres including the mechanical penthouse).   As proposed, this application would require the demolition of 7 existing dwelling units (3 rental dwelling units and 4 owner occupied dwelling units) and one formerly licensed rooming house containing 6 dwelling rooms.

On March 16, 2017, the applicant appealed the Zoning By-law Amendment application to the former Ontario Municipal Board, now Local Planning Appeal Tribunal, citing Council's failure to make a decision within the time prescribed by the Planning Act.   At its October 2, 2017 meeting, City Council adopted a Request for Direction Report including a recommendation that City Planning continue discussions with the applicant to resolve outstanding issues with the proposal.  Over a number of months, City Planning staff and the applicant met to discuss revisions to the proposal.  On May 23, 2018, the applicant submitted a proposed settlement of its Zoning By-law appeal as outlined in the revised plans, dated, May 17, 2018, and attached as Attachments 1 – 5 to this report. This is a revision from the original proposal submitted on July 15, 2016, for a 19-storey mixed-use building with a height of 58 metres (62 metres including mechanical penthouse).

The revised proposal is consistent with the Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).  The revised proposal also conforms with the policies of the Official Plan, the King-Spadina Secondary Plan, the Council-adopted King-Spadina Urban Design Guidelines (2006), King-Spadina Secondary Plan Review and the King-Spadina Heritage Conservation District.

This report reviews and recommends that City Council authorize the City Solicitor and appropriate City staff, to attend before the Local Planning Appeal Tribunal in support of a settlement of the Zoning By-law Amendment appeal for the site, subject to conditions as outlined in the Recommendations section of this report.

An application for Rental Housing Demolition under Chapter 667 of the Toronto Municipal Code has been filed to permit the demolition of three existing rental units at 149-157 Bathurst Street.  City Plannig staff recommend that Council withold from making a decision on the Rental Housing Application, as the proposed development is the subject of an appeal at the Local Planning Appeal Tribunal. Should the Tribunal approve the  Zoning By-law Amendment appeals in whole or in part, the Chief Planner and Executive Director, City Plannig, would have delegated authority under Chapter 667 of the Toronto Municipal Code to approve the Rental Housing Demolition permit application and impose conditions.