Item - 2013.EY29.6

Etobicoke York Community Council recommends that:

1.         City Council instruct the City Solicitor, the Chief Planner and Executive Director, City Planning and any other appropriate City staff to attend the OMB hearing and not to oppose the revised Zoning By-law Amendment for 1990 Bloor Street West and 26 Parkview Gardens as a basis for settlement of the appeal, provided that it is in accordance with the revised proposal received by the City on October 16, 2013, and acceptable provisions will be made for the rental replacement and tenant relocation assistance matters, to the satisfaction of the Chief Planner.

2.         City Council instruct the City Solicitor to advise the Ontario Municipal Board of City Council's position that the 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, and that all these matters be provided to the satisfaction of the Chief Planner and Executive Director, City Planning.  Further, that the City Solicitor request the Board to withhold any order approving a Zoning By-law Amendment 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 and the owner has executed a Section 37 and/or Section 111 Agreement(s) to give effect thereto.

3.         City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold any order approving a Zoning By-law Amendment for the subject lands until a Natural Heritage Impact Study is completed by the applicant and a favourable peer review of the study is completed, at the sole expense of the applicant and to the satisfaction of the Chief Planner and Executive Director, City Planning. 

The purpose of this report is to request direction for settlement of the appeal to the Ontario Municipal Board (OMB) of the Zoning By-law Amendment application for the lands located at 1990 Bloor Street West and 26 Parkview Gardens.  The settlement is based on formal revisions to the proposed development received on October 16, 2013.

This application was the subject of a Request for Direction Report dated March 20, 2013, which referred to the original proposal, followed by a Supplemental Request for Direction Report dated April 29, 2013, related to modifications made to the original proposal.

On May 7, 2013, City Council adopted the recommendations of the April 29, 2013 Planning report, which included a recommendation that staff appear at the OMB hearing to oppose the application.

An OMB Pre-Hearing Conference was held on May 28, 2013, to establish the parties and participants for a nine day hearing scheduled to commence on December 2, 2013. 

Since the May 28, 2013 Pre-Hearing Conference, several meetings have been held between City staff, the proponent and area residents and their representatives.  These meetings resulted in the proponent making further changes to the proposed development, to address outstanding concerns noted in the two Request for Direction Reports.  These further revisions are illustrated in revised plans submitted to the City on October 16, 2013 as a settlement offer.