1045 - 1049 The Queensway - Zoning By-law Amendment - Request for Direction Report

514-2003) to permit a 14-storey (46 m in height plus an additional 6 m for the mechanical penthouse) mixed-use building at 1045-1049 The Queensway. The proposed building would contain 325 dwelling units, a Gross Floor Area of 26,114 m² (of which 613 m² would be commercial space) for a total density of 6.67 times the area of the lot. A total of 330 parking spaces (including 5 car-share spaces) are proposed and spaces would be provided mostly within a 3-level underground parking garage. The purpose of this report is to seek City Council's direction regarding the Local Planning Appeal Tribunal appeal. This report recommends that the City Solicitor and other appropriate City staff attend the Local Planning Appeal Tribunal to oppose the application, as currently proposed. The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2020). This report reviews the application in its current form with respect to the proposed tall building typology, building height, massing and density. Staff are of the opinion that the current proposal does not represent good planning, and that the proposed built form and height in particular are not in keeping with the existing or planned context for the Avenues area along The Queensway as identified in Official Plan policies, The Queensway Avenue Study, the implementing Zoning By-law, nor the Queensway Design Guidelines and Streetscape Improvements.

3. In the event the Local Planning Appeal 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(s) on the appeal for the subject lands until the Local Planning Appeal Tribunal is advised by the City Solicitor that the following conditions have been fulfilled: a. The proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and securing the matters required to support the development outlined in Recommendation 4 below; c. The owner has satisfied all engineering matters, including submitting a revised Functional Servicing Report and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; d. The owner has made satisfactory arrangements with the City and entered into the appropriate financially secured Development Agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to accommodate this development, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager of Transportation Services; e. The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681; f. The owner has secured any required noise mitigation measures identified in the submitted Environmental Noise Assessment, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the Site Plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; g. The owner has submitted an updated Odour Review and secured any required mitigation measures if identified in the submitted Odour Review -Letter of Opinion, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, with such design to be secured through the Site Plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. The owner shall submit detailed revised sun/shadow studies to the satisfaction of the Chief Planner and Executive Director, City Planning; i. The owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, to be secured through the Site Plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and j. The owner shall submit a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: a. The owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; b. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; c. The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues; and d. A minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms units. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.