Item - 2013.EY23.3

Etobicoke York Community Council recommends that:

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 1990 Bloor Street West and 26 Parkview Gardens, and retain such experts as the City Solicitor may determine are needed in support of the position recommended in this report.

2.         City Council request Staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include the full replacement of the 24 existing rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

3.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law for the subject lands until such time as the City and the owner have presented to the Board a draft by-law that provides for securing the rental housing matters as outlined in Recommendation 2 above, and a Section 37 Agreement has been executed.

4.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that a Section 37 community benefit contribution in the amount of $450,000 be made to provide for capital improvements to day nurseries in Ward 13, Parkview Gardens Parkette and local parks in the area and streetscape improvements in the area, such benefits to be included in a draft by-law and an executed Section 37 Agreement.

A Preliminary Report outlining this application was presented to the Etobicoke York Community Council on June 13, 2012.  The Preliminary Report can be viewed at the following link:

http://www.toronto.ca/legdocs/mmis/2012/ey/bgrd/backgroundfile-47658.pdf

The application has not been formally revised since the initial submission.

On September 26, 2012, the solicitors representing the owner of the lands municipally known as 1990 Bloor Street West and 26 Parkview Gardens, appealed the subject Zoning By-law Amendment application to the Ontario Municipal Board (OMB), citing Council's failure to make a decision within the time prescribed by the Planning Act.  A Pre-Hearing Conference is scheduled for May 28, 2013, at which time a hearing date will be scheduled.  

The application proposes a 12 storey mixed use building, containing 131 residential dwelling units, of which 24 replacement rental units are included, as well as 359 m2 of at-grade commercial space. 

The applicant has also submitted an application for a Section 111 permit pursuant to Chapter 667 of the City of Toronto Municipal Code for the demolition of the existing rental units.

The purpose of this report is to seek City Council's direction for the City Solicitor to oppose the applicant's proposal at the OMB.

It is staff's opinion the proposal represents an over-development of the site.  The proposed building does not provide adequate transition to its surroundings, resulting in shadow impacts on Neighbourhoods designated properties, the Parkview Gardens Parkette to the north and the Parkview Gardens public realm.  Further, the proposed building height, mass and density are not in keeping with the existing or planned context for this segment of Bloor Street West, nor recently approved developments in the surrounding area.