Item - 2019.TE6.15

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the appeal respecting the Official Plan Amendment and Zoning By-law Amendment application (File No. 17 173706 STE 22 OZ) as proposed at 30 Merton Street.

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (May 2, 2019) from the Director, Community Planning, Toronto and East York District and to report back to City Council any outcomes, if necessary.

3. 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(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the final form of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; 

b. all comments from Engineering and Construction Services contained in their December 19, 2018 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4. City Council request the City Solicitor to request the Local Planning Appeal Tribunal to consider the cumulative impacts, including community services and physical infrastructure, of the proposed developments on the following subject sites in, and adjacent to, the Davisville Village Apartment Neighbourhood currently under appeal:

a. 1925-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue;

b. 22 Balliol Street;

c. 30 Merton Street;

d. 141 Davisville Avenue; and

e. 265 Balliol Street.

5. City Council requests the General Manager, Parks, Forestry and Recreation, to prioritize a site within the Davisville Apartment Neighbourhood bounded by Davisville, Mount Pleasant, Merton and Yonge to satisfy the off-site parkland dedication associated with this development.

At its meeting on May 22, 2019, the Toronto and East York Community Council also considered the report (May 16, 2019) from the Director, Community Planning, Toronto and East York District, which confirms the proposal does not conform with the "A Place to Grow" Plan, 2019.

On December 2, 2017, the applicant appealed to the Local Planning Appeal Tribunal (the "LPAT") citing Council's failure to make a decision on the Official Plan Amendment (OPA) and Zoning By-law Amendment applications within the timeframe prescribed by the Planning Act. The first prehearing conference was held on February 13, 2019. A second pre-hearing conference is scheduled for June 11, 2019.

This application proposes to demolish the existing 4-storey commercial parking garage and replace it with a 37-storey residential building (123.46 metres to the top of the mechanical penthouse). The proposed building would contain 304 rental apartment units, a 205 space commercial parking garage with 11 spaces on the ground floor and 3-levels below grade, and 134 parking spaces for residents located on floors 3 through 5.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the appeal at the Local Planning Appeal Tribunal . The proposed building it too tall. It is inconsistent with the Provincial Policy Statement (2014), does not conform with the Growth Plan for the Greater Golden Horseshoe (2017) and does not conform with the Official Plan. The proposal does not conform to the in-force Yonge-Eglinton Secondary Plan and the updated Yonge-Eglinton Secondary Plan (Official Plan Amendment 405).

On May 2, 2019, the Province of Ontario released A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ("A Place to Grow") which amends the Growth Plan for the Greater Golden Horseshoe (2017). 

The "A Place to Grow" Plan has come into effect on May 16, 2019 and all planning decisions are required to conform with it, on or after May 16, 2019. Planning staff have reviewed the proposed development with respect to the "A Place to Grow" Plan and can advise that for this proposal, the relevant policies of the "A Place to Grow" Plan carry on the direction of the Growth Plan for the Greater Golden Horseshoe (2017).

Staff confirm that this proposal does not conform with the "A Place to Grow" Plan.