Item - 2020.TE21.12

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment at 1540-1550 Bloor Street West in its current form.

 
2.  City Council direct City Staff to continue discussions with the applicant in an attempt to resolve the outstanding matters as identified in the report (November 13, 2020) from the Director, Community Planning, Toronto and East York District

 
3.  City Council defer making a decision on Rental Housing Demolition application No. 19 263430 STE O4 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the 12 existing rental dwelling units at 1540-1550 Bloor Street West, and instruct staff, if necessary, to report on the Rental Housing Demolition Application to Toronto and East York Community Council at  such time as an LPAT decision has been issued regarding the Zoning By-law Amendment application for the lands at 1540-1550 Bloor Street West, if necessary.

 
4.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request Local Planning Appeal Tribunal 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 has advised the Local Planning Appeal Tribunal that:
 

a.  The owner has addressed all outstanding engineering issues outlined in the memorandum dated October 16, 2020, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum dated October 15, 2020 from Engineering and Construction Services to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager;

 
b.  The owner must include in the zoning by-law, a requirement to provide space within the development for installation of maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager. 

 
c.  The owner will be required to make satisfactory arrangements with Engineering and Construction Services and enter into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.
 

d.  The owner has provided a revised Functional Servicing Report and Stormwater Management Report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

 
e.  A peer review of the submitted Environmental Noise and Vibration Assessment Report has been undertaken, at the expense of the applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
f.  The owner has satisfied the Toronto Green Standards, Tier 1 requirements;

 
g.  The owner has provided a Wind Tunnel analysis to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
h.  The final form of the Amending By-laws is to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including the securing of the replacement rental dwelling units and rents, the tenant relocation and assistance plan and any other rental housing related matters in conformity with Section 3.2.1.6 of the Official Plan.

 
i.  City Council has approved the Rental Housing Demolition application No. 19 263430 STE 04 RH in accordance with Chapter 667 of the Toronto Municipal Code to and pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the 12 existing rental dwelling units at 1540-1550 Bloor Street West; and

 
j.  The owner and the City has secured appropriate community benefits in consultation with the Ward Councillor together with any matters to be secured as a matter of convenience with the final allocation and distribution determined by the Chief Planner and Executive Director, City Planning, and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act; and

 
k.  The owner has entered into and registered one or more agreements with the City securing rental housing related matters, appropriate community benefits, and other matters of legal convenience, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

The Toronto and East York Community Council held a statutory public meeting on December 2, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the City's Zoning By-laws 569-2013 and 438-86 for the former City of Toronto to permit the development of the lands at 1540-1550 Bloor Street West for a 25-storey (80.6 metres high plus 6 metre mechanical penthouse) mixed-use building.  The proposal includes 327 dwelling units, of which 12 would be affordable rental replacement units, 25,638 square metres of residential gross floor area and 807 square metres of commercial gross floor area.  The proposed total gross floor area of 26,445 square metres would result in a density of 10.72 times the area of the lot. The proposal would incorporate a two level below grade garage with a total of 100 vehicular parking spaces.  Also, a total of 337 bicycle parking spaces are proposed.

An associated application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been submitted.  The application proposes to demolish 12 existing affordable rental dwelling units on the lands, all of which would be replaced within the proposed development.

The application was deemed complete on December 20, 2019.  The Zoning By-law Amendment application was appealed to the Local Planning Appeal Tribunal (the "LPAT") on June 26, 2020, due to the City's failure to make a decision within the prescribed time period set out in the Planning Act.  The first Case Management Conference at LPAT took place on October 29, 2020.  A second Case Management Conference is scheduled for February 10, 2021; and ten-day hearing is scheduled to commence on July 5, 2021.

The report recommends that the City Solicitor, together with City Planning staff, and other appropriate City Staff, attend the LPAT in opposition to the current proposal.  As proposed, the application is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), does not conform with the Official Plan, implement the findings of the Bloor-Dundas Avenue Study, or the Tall Buildings Urban Design Guidelines, and does not represent good planning.  Staff are recommending that discussions continue with the applicant to resolve the issues identified in this report.

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 LPAT. Following the LPAT decision on the appeal of the Zoning By-law Amendment application, the Section 111 permit application will return to Council for consideration, if necessary.