Item - 2017.EY26.6

Etobicoke York Community Council recommends that:

1.  City Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the Ontario Municipal Board to oppose the appeal of the Official Plan and Zoning By-law Amendment application for 2442 - 2454 Bloor Street West and 1 - 9 Riverview Gardens in the proposal’s current form.

2.  City Council authorize City staff to continue discussions with the applicant to negotiate an appropriate development proposal for the subject lands.

3.  In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Board withhold its order on the Official Plan and Zoning By-law Amendment application appeal for the subject lands until such time as the City notifies the Board that it is satisfied with the final form of the Official Plan and Zoning By-law Amendments.  The Zoning By-law Amendment shall provide for the provision and securing of any required transportation and servicing infrastructure upgrades and appropriate Section 37 community benefits.

The Official Plan and Zoning By-law Amendment application proposes to redevelop the lands at 2442 – 2454 Bloor Street West and 1 – 9 Riverview Gardens with a fourteen storey mixed-use building.  The proposal includes 28,617 m2 of gross floor area, including 244 dwelling units and 4,991m2 of retail floor area located on the ground floor and lower floor (B1).  This would result in a floor space index of 8.25 times the area of the land.  A total of 331 vehicle parking spaces are proposed in 4 levels of below grade parking. 

To accommodate the proposal, the applicant proposes the demolition of the existing buildings, including the Humber Odeon Cinema, as well as the two-storey retail and office use buildings west of the Humber Cinema to Riverview Gardens.

On May 15, 2017, the Official Plan and Zoning By-law Amendment application was appealed by the applicant to the Ontario Municipal Board (OMB) pursuant to Subsections 22(7) and 34(11) of the Planning Act, citing City Council’s failure to render a decision within the prescribed period of time.

A Pre-Hearing Conference (PHC) was held on September 28, 2017 before the OMB, with a second PHC scheduled for February 7, 2018. 

Although a hearing date for the appeal has yet to be scheduled, the proponent has asked for Board Assisted Mediation with the Parties identified at the September 28, 2017 PHC. 

The purpose of this report is to outline issues with the proposed development from an Official Plan policy and built form perspective and seek City Council's direction for attendance at the Ontario Municipal Board hearing to oppose the appeal of the Official Plan and Zoning By-law Amendment application.