Item - 2019.TE3.5

The Toronto and East York Community Council recommends that:

1.  City Council direct City Staff to continue to review the application and resolve any outstanding issues detailed in this report.

2.  City Council direct the City Solicitor and appropriate City Staff to attend and oppose the application in its current form, should the application be appealed to the Local Planning Appeal Tribunal on the basis of Council's failure to make a decision on the application within the statutory timeframe of the Planning Act.

3.  Notice of Public meeting be given according to the regulations under the Planning Act.

This Report responds to an application where staff are currently not in a position to provide a Final Report to Council, but which could be appealed to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.

The report sets out outstanding issues related to the application and makes an initial determination as to whether or not the application is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).

This application proposes to amend the Zoning By-law to permit a 49 storey residential tower with commercial uses at grade and 414 dwelling units with a total gross floor area of 30,800 square metres at 139-149 Church Street.  The proposed building would have a height of 156.25 metres including the mechanical penthouse.  The proposal includes four levels of underground parking.

The proposed development in its present form is not consistent with the Provincial Policy Statement (2014), does not conform to the Growth Plan for the Greater Golden Horseshoe (2017) and does not conform to the City's Official Plan. In particular the proposed built form does not have appropriate regard to the development policies, standards and guidelines established by the City to ensure that a proposal fits within its existing planned and built form context, provides for an appropriate transition and minimizes impacts on heritage and park resources. 

The major issues to be resolved, as outlined in this report, include: tower height, tower setbacks, shadow impacts, need to determine if there are any on-site heritage resources, heritage adjacency issues and impacts to St. James view corridor. Additional issues include the lack of indoor amenity space and wind impacts on the pedestrian realm.