Item - 2017.TE26.25

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 85,87,89,91 Broadway Avenue and 198 Redpath Avenue.

2.  City Council defer making a decision at this time on application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue and instruct staff to report on the Section 111 application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for such lands at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

3.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance, any other rental related matters and other Section 37 matters, all to the satisfaction of the City Solicitor.

4.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council dealing with the application No. 16 262583 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 9 existing rental dwelling units at 85, 87, 89 and 91 Broadway Avenue and 198 Redpath Avenue.

5.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Executive Director, Engineering and Construction Services, and pending receipt of a satisfactory Functional Servicing Report.

6.  In the event that the appeal is allowed in whole or in part by the Ontario Municipal Board, City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for:

- Public realm improvements in the Yonge-Eglinton Secondary Plan Area; and/or
 

- Additional community services and facilities in the Yonge-Eglinton Secondary Plan Area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review, together with any matters to be secured as a matter of convenience.

This application proposes a 38-storey (117.64 metres, plus 12 metre mechanical penthouse) residential building containing 361 dwelling units (including 11 rental replacement units).

The 5 existing residential structures containing 12 dwelling units (3 owner occupied and 9 rental) on the site would be demolished and the rental units fully replaced in the proposed development.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been filed to permit the demolition of the 9 existing rental dwelling units.

The applicant appealed its Zoning By-law Amendment application to the Ontario Municipal Board due to Council's failure to make a decision within the time prescribed by the Planning Act.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to oppose the appeal at the Ontario Municipal Board.  The proposal, as revised, is not supported by Planning staff for the reasons outlined in this report.

Planning staff have considered the application within the context of the Planning Act and the in force policy framework, including the Provincial Policy Statement, Growth Plan for the Golden Horseshoe and the City's Official Plan.

The proposed built form does not conform to the Healthy Neighbourhoods, Built Form or Apartment Neighbourhood policies of the Official Plan.  The built form does not meet the requirements of, or maintain the intent of, the City's Tall Building Design Guidelines.  Further, the proposal does not conform to the policies of OPA 289 (under appeal).

The proposal does not conform to the emerging planning policy direction of the Yonge-Eglinton Secondary Plan Review (Midtown in Focus).  The built form does not adequately address Council-endorsed Midtown in Focus built form principles to reinforce the unique open space amenity and spaciousness in Midtown Apartment Neighbourhoods.

Staff recommend that Council defer its decision on the application for Rental Housing Demolition under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, as the proposed development is not supported by Planning staff.  Council's decision under this statute is not appealable to the Ontario Municipal Board. Following the Ontario Municipal Board decision on the Zoning By-law Amendment appeal, the Section 111 permit application will return to Council for consideration.