Item - 2019.TE3.7

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. In the event that the application is appealed to the Local Planning Appeal Tribunal, and in the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize a stratified conveyance of on-site parkland to the satisfaction of the General Manger, Parks, Forestry and Recreation should the City require on-site parkland dedication pursuant to Section 42 of the Planning Act as set out in the report (January 23, 2019) from the Director, Community Planning, Toronto and East York District.

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

This Report responds to an application 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), conforms with the Growth Plan for the Greater Golden Horseshoe (2017) and conform to the City's Official Plan.

The application proposes a 42-storey residential addition above an existing 19-storey office building resulting in an overall building height of 61 storeys and a floor space index (FSI) of 24.74 times the area of the lot. The proposed addition would include 450 residential dwelling units totalling 36,128 square metres in area and also proposes: 900 square metres of indoor amenity area; 74 parking spaces located below grade within the three levels of the existing parking garage; and 577 bicycle parking spaces. As a whole, the proposed building would comprise a total of 53,064 square metres, of which 16,936 square metres is existing non-residential gross floor area.

The proposed development in its current form is not consistent with the Provincial Policy Statement (2014) and does not conform to the Growth Plan for the Greater Golden Horseshoe (2017), and does not conform to the City's Official Plan and Zoning By-law. 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 and planned built form context which require that development provide for an appropriate transition to adjacent neighbourhoods, between adjacent sites and minimize impacts on park resources.  Additionally, the proposal provides for inadequate parking and outdoor amenity space.