Item - 2021.TE26.16

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing to oppose the Official Plan and Zoning By-law Amendment Application for 1358-1360 and 1354-1356 Queen Street West and 8-10, 12 and 14 Brock Avenue (20 200379 STE 04 OZ) in their current form and to continue discussions with the applicant in an attempt to resolve the issues set out in the report (May 20, 2021) from the Director, Community Planning, Toronto and East York District.
   
   
2. In the event the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final Order on the Official Plan and Zoning By-law Amendments until:
   
   
   1. Draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and
      
      
   2. The owner has submitted a revised Transportation Impact Study and Parking Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services.
      
      
3. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.

On September 29, 2020, Official Plan and Zoning By-law Amendment applications were submitted for the properties at 1358-1360 and 1354-1356 Queen Street West and 8-10, 12 and 14 Brock Avenue ("1354 Queen Street West" or the "Site"), proposing to amend the Official Plan, Zoning By-law 569-2013 and Zoning By-law 438-86 to permit the construction of a new nine-storey mixed-use building with an overall height of 37.20 metres, including the mechanical penthouse and elevator overrun (the "Application").

The Application proposes 117 new residential units and approximately 447.6 square metres of commercial space on the ground floor and 91.2 square metres on the ground floor for a proposed community space. The total gross floor area of the proposed building is approximately 9,699.4 square metres representing a FSI of 5.2 times the area of the lot.

The Application proposes to include 38 resident parking spaces and 0 visitor parking spaces for a total of 38 parking spaces. A total of 118 bicycle parking spaces are also proposed. A Type "G" loading space is also proposed adjacent to a public laneway located on the west side of the site.

The Application was deemed complete on October 21, 2020. The application was appealed to the Local Planning Appeal Tribunal (the "LPAT") on March 5, 2021 due to the City's failure to make a decision on the application within the prescribed time period set out in the Planning Act.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT in opposition to the proposed development. As proposed, the Official Plan Amendment and Zoning By-law Amendment Applications are not consistent with parts of the Provincial Policy Statement (2020), do not conform to parts of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and do not conform to the City’s Official Plan.

The properties at 1354, 1358 and 1360 Queen Street West are also included in an Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act Report being heard by the Toronto Preservation Board at the meeting on June 16, 2021 and by Toronto and East York Community Council during the June 24, 2021 meeting. This report recommends that City Council state its intention to designate the properties at 1354 (including active entrances 2, 4 and 6 Brock Avenue and 1356 Queen Street West), 1358, and 1360 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value for their design and physical, historical and associative and contextual values.