Item - 2020.TE20.6

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and City Planning Staff and other appropriate City staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan amendment and Zoning By-law amendment (File No. 19 244078 STE 11 OZ) application as proposed.

2. City Council defer making a decision at this time on the Rental Housing Demolition Application (Application File No. 19 244085 STE 11 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the six (6) existing rental dwelling units at 141-145 Bedford Road and instruct staff, if necessary, to report on the Rental Housing Demolition Application to City Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Official Plan and Zoning By-law Amendment application appeal for the lands at 287 Davenport Road and 141-145 Bedford Road.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its final Order to approve the Official Plan Amendment and Zoning By-law amendment applications until such time as:

a. the City and the owner have presented the Local Planning Appeal Tribunal an Official Plan amendment and Zoning By-law amendment that implements the decision of the Local Planning Appeal Tribunal in a form and substance satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, including securing rental housing matters, such as a tenant relocation and assistance plan;

 
b. the owner has provided an updated functional servicing and stormwater management report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure;

 
c. the owner has provided an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water;

 
d. community benefits and other matters in support of the development as determined appropriate, including rental housing matters, 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,

 
e. City Council, or the Chief Planner and Executive Director, City Planning Division where authorized to do so, has approved the Rental Housing Demolition Application (Application File No. 19 244085 STE 11 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the six (6) existing rental dwelling units at 141-145 Bedford Road;

On April 21, 2020 the applicant appealed its Official Plan and Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), to permit a 15-storey mixed-use building, due to Council's failure to enact the requested amendments within the time allotted by the Planning Act.

This report recommends that the City Solicitor together with appropriate City staff,  oppose the proposal at the LPAT. The proposal is not appropriately massed for a building within a Mixed Use Areas and Neighbourhoods designated area and does not provide acceptable transition in height and  is partially located in the East Annex HCD. The application does not conform with A Place to Grow: Growth Plan (2020) and does not conform with the Official Plan, The Downtown Plan (OPA 406), and address the City's Tall Building Design Guidelines, or the intent of those guidelines.