234-250 King Street East and 162 Princess Street - Zoning By-law Amendment Application - Request for Direction Report

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The decision

2021-12-15 · Toronto City Council · adopted

As filed

City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment appeal for the lands at 234-250 King Street East and 162 Princess Street for the reasons set out in the report (November 3, 2021) from the Director, Community Planning, Toronto and East York District, and to continue discussions with the owner in an attempt to resolve outstanding issues.

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2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request that the issuance of any final order be withheld until such time as the City Solicitor advises that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources to the satisfaction of the Senior Manager, Heritage Planning; d. if the properties at 234-236, 240 and 242 King Street East are designated under Part IV, Section 29 of the Ontario Heritage Act, the owner has entered into a Heritage Easement Agreement with the City for the properties at 234-236, 240 and 242 King Street East, to the satisfaction of the Senior Manager, Heritage Planning including execution and registration of such agreement to the satisfaction of the City Solicitor; e. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Part 2.c. above, to the satisfaction of the Senior Manager, Heritage Planning; f. the owner has entered into, and registered on title to the lands, an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development; and g. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On December 22, 2020, a Zoning By-law Amendment application was submitted to permit a 40-storey (132.9 metres tall including mechanical penthouse) mixed-use building with ground floor retail uses and 514 residential dwelling units at 234-250 King Street East and 162 Princess Street. The Zoning By-law Amendment application was deemed complete on January 21, 2021. On July 14, 2021, the applicant appealed the applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame under the Planning Act.

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This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment appeal for the lands at 234-250 King Street East and 162 Princess Street for the reasons set out in the report (November 3, 2021) from the Director, Community Planning, Toronto and East York District, and to continue discussions with the owner in an attempt to resolve outstanding issues.

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2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request that the issuance of any final order be withheld until such time as the City Solicitor advises that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources to the satisfaction of the Senior Manager, Heritage Planning; d. if the properties at 234-236, 240 and 242 King Street East are designated under Part IV, Section 29 of the Ontario Heritage Act, the owner has entered into a Heritage Easement Agreement with the City for the properties at 234-236, 240 and 242 King Street East, to the satisfaction of the Senior Manager, Heritage Planning including execution and registration of such agreement to the satisfaction of the City Solicitor; e. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by recommendation 2.c. above, to the satisfaction of the Senior Manager, Heritage Planning; f. the owner has entered into, and registered on title to the lands, an agreement with the City pursuant to section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development; and g. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2021-11-24 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment appeal for the lands at 234-250 King Street East and 162 Princess Street for the reasons set out in the report (November 3, 2021) from the Director, Community Planning, Toronto and East York District, and to continue discussions with the owner in an attempt to resolve outstanding issues.
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2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request that the issuance of any final order be withheld until such time as the City Solicitor advises that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources to the satisfaction of the Senior Manager, Heritage Planning; d. if the properties at 234-236, 240 and 242 King Street East are designated under Part IV, Section 29 of the Ontario Heritage Act, the owner has entered into a Heritage Easement Agreement with the City for the properties at 234-236, 240 and 242 King Street East, to the satisfaction of the Senior Manager, Heritage Planning including execution and registration of such agreement to the satisfaction of the City Solicitor; e. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by recommendation 2.c. above, to the satisfaction of the Senior Manager, Heritage Planning; f. the owner has entered into, and registered on title to the lands, an agreement with the City pursuant to section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development; and g. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2021-12-15 · Toronto City Council · adopted

On the record

The item as the City filed it

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