Item - 2020.TE19.9

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff, to oppose the Zoning By-law amendment application for 60 Mill Street, file no. 19 264586 STE 13 OZ, and attend any Local Planning Appeal Tribunal hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

2. City Council authorize City staff to continue discussions with the applicant on a revised proposal, including a settlement at the Local Planning Appeal Tribunal, which addresses the issues set out in the report (September 21, 2020) from the Director, Community Planning, Toronto and East York District.

3. In the event the Local Planning 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 approving the Zoning By-law amendment until:

a. The owner has provided draft by-laws in a form and with content satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor;

b. The owner has provided a revised functional servicing report and revised hydrogeological report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner be required to enter into a Heritage Easement Agreement with the City for the property at 60 Mill Street, to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor prior to the Zoning By-law amendment coming into full force and effect; and

d. The owner and the City have had an opportunity to discuss and agree on community benefits to be provided in accordance with Section 37 of the Planning Act, and the owner enters into and registers on title an agreement to secure appropriate services, facilities, and/or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the recommendations above.

The purpose of this report is to request direction from City Council on the pending Local Planning Appeal Tribunal ("LPAT") hearing on the application to amend the Zoning By-law for the property at 60 Mill Street to permit a 31-storey building with a height of 115.1 metres, containing 392 hotel suites resulting in 26,944 square metres of non-residential gross floor area and 80 vehicular parking spaces within a 5-level underground garage. The existing Rack House D building, a heritage property designated under Part IV of the Ontario Heritage Act and subject to a Heritage Easement Agreement, is proposed to be altered and incorporated as part of the development. 

Following a review of the application, staff have concluded that the proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Staff have also concluded the proposed development does not conform to the policy direction of the Official Plan and King-Parliament Secondary Plan. The proposal represents overdevelopment, does not respond appropriately to its existing and planned context and does not meet the city-wide Tall Building guidelines.

On August 11, 2020, the Zoning By-law amendment application was appealed to the LPAT by the applicant pursuant to Section 34(11) of the Planning Act due to the City not making a decision within the prescribed timeframe. It is recommended that the City oppose the application in its current form at the LPAT. It is also recommended that staff continue discussions with the applicant to achieve revisions to the proposal that address the issues identified in this report.