Item - 2017.EY22.1

Etobicoke York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with Planning staff and other appropriate staff to attend the Ontario Municipal Board hearing to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 2915-2917 Bloor Street West in its current form, and retain such experts as the City Solicitor may determine are needed in support of the position recommended in the report (April 21, 2017) from the Director, Community Planning, North York District.

2.  City Council direct the City Solicitor and appropriate City staff to attend the Ontario Municipal Board to defend The Bloor Kingsway Avenue Study and the six (6) storey height limit set out in the associated Zoning By-law (941-2003), and authorize the City Solicitor to retain any outside consultants as necessary.

3.  City Council authorize the Chief Planner and Executive Director, City Planning, to continue negotiations with the applicant with the goal of developing a proposal that addresses the issues outlined in the report (April 21, 2017) from the Director, Community Planning, North York District.

4.  In the event that the OMB allows the appeal, in whole or in part, City Council direct the City Solicitor to request the OMB withhold its Order on the Zoning By-law Amendment until:

a.  A draft Zoning By-law Amendment is submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

b.  The owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor in consultation with City Planning staff and the Ward Councillor.

c.  The owner has submitted a Functional Engineering Report to the satisfaction of the Executive Director of Engineering and Construction Services. The report will determine whether the existing municipal water, sanitary and storm sewer systems can support the proposed development or upgrades are required.

d.  The owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.

e.  The owner has submitted a Hydrogeological Report to the satisfaction of the General Manager of Toronto Water.

f.  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 68-10.

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

This application proposes a 9-storey mixed use development at 2915-2917 Bloor Street West, consisting of commercial uses at grade and 126 residential units above.

The applicant has appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) and this report seeks direction regarding opposing the application at the OMB hearing and continuing negotiations with the applicant to resolve the issues identified in this report.

Planning staff oppose this application in its current form as it does not conform to the policies of the Official Plan. The proposed development does not fit within its existing and planned context or respect and reinforce the existing physical character of the area.

Staff are of the opinion the current proposal constitutes an over-development of the site. Planning staff have been in discussions with the applicant about revising the proposal in an effort to develop a proposal that is more appropriate to its context.