Item - 2013.TE26.16

The Toronto and East 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 383 Sorauren Avenue (file no. 12 264111 STE 14 OZ), and attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

2.         City Council authorize the City Solicitor and City Planning staff to enter into  settlement discussions with the applicant, and to request the Director, Community Planning, Toronto and East York District to report further to the Toronto and East York Community Council on any potential settlement.

3.         City Council authorize the Director, Community Planning, Toronto and East York District in consultation with the local Councillor, to secure services, facilities, and matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.

4.         City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

The purpose of this report is to request direction from City Council regarding the pending Ontario Municipal Board hearing on the application for a Zoning By-law amendment at 383 Sorauren Avenue.

The application proposes to amend the former City of Toronto Zoning By-law 438-86 to permit the construction of an 11-storey mixed use building with 137 square metres of commercial gross floor area and 12,027 square metres of residential gross floor area, consisting of 160 residential units, 95 vehicular parking spaces and 179 bicycle parking spaces.

The proposal as submitted does not provide adequate transition to its existing and planned context, it does not provide sufficient parking, and does not provide enough private amenity space, among other concerns.

On June 7, 2013, the application was appealed to the Ontario Municipal Board (OMB) by the applicant pursuant to section 34(11) of the Planning Act due to the City not making a decision within 120 days.

On July 17, 2013, the applicant submitted a Site Plan application which addresses some of the concerns previously raised by staff.  However, the Zoning By-law amendment application has not been revised.  As the Site Plan application proposal represents a willingness by the applicant to address outstanding concerns, it is recommended that the City oppose the appeal at the OMB, but that staff also continue discussions with the applicant on a potential settlement.