409 and 415 Yonge Street, 9 and 17 McGill Street - Zoning By-law Amendment Application - Refusal Report

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. This report reviews and recommends refusal of the application to amend the Zoning By-law. The proposal is inconsistent with the Provincial Policy Statement (2014), fails to conform with the Growth Plan for the Greater Golden Horseshoe (2017), and does not conform with the policies of the City of Toronto Official Plan. The proposal is inconsistent with the policies of the Downtown Secondary Plan (OPA 406), Downtown Tall Building Setback Area Specific Policy No. 517 (OPA 352), Site and Area Specific Policy No. 151, and does not appropriately respond to the Tall Building Design Guidelines, the Downtown Tall Buildings: Vision and Supplementary Design Guidelines and the Growing Up Guidelines. Specifically, the proposed development is of a scale, height and density that is not appropriate in relation to its existing and planned context; the proposal does not provide for an appropriate transition to the adjacent physically stable Neighbourhood (McGill Granby); the proposal does not provide minimum tall building setbacks and stepbacks and an appropriate floorplate size; a portion of the proposed development is within the portion of the property designated as Parks and Open Space, introducing residential uses within a park, contrary to the Official Plan; the proposed development has negative shadow impacts on the adjacent Neighbourhood (McGill Granby) and local Parks and Open Space areas and negative wind impacts. The proposed development does not provide a full range of housing to meet the needs of all household sizes and income levels and does not provide a sufficient amount of amenity space and parking for future residents.

3. 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 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 (May 3, 2019) from the Director, Community Planning, Toronto and East York District. 4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations of this report. 5. In the event that the LPAT allows the appeal in whole or in part, City Council authorize the City Solicitor to request the LPAT to withhold the issuance of any Order(s) until such time as the LPAT has been advised by the City Solicitor that: a) the submission of an Official Plan Amendment application; b) 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; c) the owner has secured the on-site parkland dedication in the by-laws and appropriate agreements, with appropriate conditions, to the satisfaction of the City Solicitor and the General Manager, Parks, Forestry and Recreation; d) all comments from Engineering and Construction Services contained in their February 28, 2018 and October 12, 2018 memorandums are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and e) 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 and in consultation with the local ward councillor.