Item - 2024.TE13.10

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment Applications (Application 23 213844 STE 04 OZ) in their current form, for the lands municipally known as 1304-1318 King Street West and 143-145 Cowan Avenue.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Toronto and East York District to bring forward an Approval Report to the Toronto and East York Community Council for a statutory public meeting as required under the Planning Act.

6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

7. City Council direct the City Solicitor to request that, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal withhold its final order, until the following conditions are met:

a. the final form of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including any appropriate holding (H) provisions; and

b. City Council has approved Rental Housing Demolition Application 23 213845 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

i. replacement of the existing eight (8) rental dwelling units, including the same number of units, bedroom type and size and with similar rents; and

ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

This application proposes to amend the Official Plan and Zoning By-law to permit a 21 storey mixed use building containing 263 dwelling units and 213 square metres of ground floor retail at 1304-1418 King Street West and 143-145 Cowan Avenue. A related Rental Housing Demolition and Conversion application proposing to replace the existing eight rental dwelling units is currently under review.

The proposed development 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). The proposed development also does not conform to the City's Official Plan.

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law as the request has not demonstrated that a tall building can be accommodated on the site in a manner that is appropriate within the existing and planned context, nor has it demonstrated that certain provisions of the Toronto Green Standards could be achieved.

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment Applications (Application 23 213844 STE 04 OZ) in their current form, for the lands municipally known as 1304-1318 King Street West and 143-145 Cowan Avenue.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Toronto and East York District to bring forward an Approval Report to the Toronto and East York Community Council for a statutory public meeting as required under the Planning Act.

6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

7. City Council direct the City Solicitor to request that, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal withhold its final order, until the following conditions are met:

a. the final form of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including any appropriate holding (H) provisions; and

b. City Council has approved Rental Housing Demolition Application 23 213845 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

i. replacement of the existing eight (8) rental dwelling units, including the same number of units, bedroom type and size and with similar rents; and

ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

This application proposes to amend the Official Plan and Zoning By-law to permit a 21 storey mixed use building containing 263 dwelling units and 213 square metres of ground floor retail at 1304-1418 King Street West and 143-145 Cowan Avenue. A related Rental Housing Demolition and Conversion application proposing to replace the existing eight rental dwelling units is currently under review.

The proposed development 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). The proposed development also does not conform to the City's Official Plan.

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law as the request has not demonstrated that a tall building can be accommodated on the site in a manner that is appropriate within the existing and planned context, nor has it demonstrated that certain provisions of the Toronto Green Standards could be achieved.