Item - 2018.EY31.7

Etobicoke York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application for 3429 Bloor Street West (File No. 17 188915 WET 05 OZ), and attend any Local Planning Appeal Tribunal hearing in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate.

2.  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 the Local Planning Appeal Tribunal withhold its final Order on the Official Plan and Zoning By-law Amendments until:

a.   Draft Official Plan and Zoning By-law Amendments are 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 valued at $1,370,000, to be used for community facilities, local park improvements and traffic calming measures if the proposed development is approved in its current form, or a prorated quantum if the development is approved with reduced building heights and density.

c.  The owner has submitted a revised Transportation Impact Study to the satisfaction to the General Manager of Transportation Services.

d.  The owner has submitted a revised Stormwater Management Study to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

e.  The owner has submitted a Sanitary Sewer Analysis to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

f.  The owner has submitted a Hydrant Pressure and Volume Test to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

g.  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 and road improvements are required to support the development, according to the Transportation  Impact Study accepted by the General Manager of Transportation Services and the Stormwater Management Study, Sanitary Sewer Analysis and Hydrant Pressure and Volume Test accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

h.  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.

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

The application proposes an 18-storey mixed-use building containing retail uses at-grade, office uses on the 2nd level and a retirement facility above. A total of 176 residential units are proposed, of which 60 would be assisted living units and 116 would be retirement units. A total of 67 parking spaces are proposed in a 2 level below-grade garage and 5 parking spaces are proposed at-grade at the rear of the site.

On November 10, 2017 and January 15, 2018, the applicant filed appeals of the Zoning By-law Amendment and Official Plan Amendment applications, respectively, to the Ontario Municipal Board ("OMB"), citing Council's failure to make a decision on the applications within the prescribed timelines of the Planning Act. An OMB pre-hearing conference was held on April 5, 2018 and a second pre-hearing date before the newly established Local Planning Appeal Tribunal ("LPAT") is scheduled for October 26, 2018.

Planning staff do not support this application and are of the opinion the current proposal is not appropriate for the site, and does not fit within its existing and planned context. The overall proposed height and massing does not conform to the Official Plan and Etobicoke Centre Secondary Plan policies, is inconsistent with Council-approved guidelines, and represents an overdevelopment of the site.

Planning staff are also of the opinion the proposed development is not consistent with the Provincial Policy Statement (2014) and does not conform to the Growth Plan for the Greater Golden Horseshoe (2017).

This report reviews and recommends refusal of the application to amend the Official Plan and the Zoning By-law.