Item - 2021.TE24.18

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 63-91 Montclair Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. City Council direct the Chief Planner and Executive Director, City Planning to defer making a decision on the Rental Housing Demolition Application, for the lands at 63-91 Montclair Avenue, until such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment application.

3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services;

c. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and,

f. the Chief Planner and Executive Director, City Planning has approved the Rental Housing Demolition Application for the demolition.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the recommendations above.

5. City Council request the Chief Planner and Executive Director, City Planning seek a detailed analysis of emergency vehicle manoeuvrability and access in respect of the Zoning By-law Application for 63-91 Montclair Avenue submitted in June 2020, from any applicable City Staff (including Toronto Fire Services and Toronto Paramedic Services) or any required external consultants, and ensure that the analysis results are publicly-accessible and provide a detailed rationale for findings and comments.  

On June 26, 2020, a Zoning By-law Amendment and Rental Housing Demolition Application were submitted to demolish the existing buildings, with two residential rental units, and to allow two new residential buildings at 21 and 23-storeys with a shared 5 and 8-storey base building.

On December 23, 2020, the Applicant appealed the Zoning Amendment Application to the Local Planning Appeal Tribunal ("LPAT"), due to Council not making a decision within the 90-day time frame in the Planning Act. A case management conference ("CMC") is scheduled for June 18, 2021.

This report recommends that the City Solicitor with the appropriate City staff attend the LPAT hearing to oppose the Application in its current form and to continue discussions with the Applicant to resolve outstanding issues.