Item - 2024.TE13.9

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for a Zoning By-law Amendment (Application 24 121126 STE 04 OZ) in its current form for the lands municipally known as 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue.

2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, 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 subsection 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsection 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 subsection 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 Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Toronto and East York District, to bring forward an Approval Report to the Toronto and East York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 direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order, until the following conditions are met:

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

b. City Council has approved the Rental Housing Demolition Application (Application 24 121138 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 dwelling units 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 Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including:

i. replacement of the existing 12 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

ii. 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;

c. the owner has addressed all outstanding issues raised by Transportation Services related to the pedestrian clearway/sidewalk transition along Quebec Avenue between the subject site and the adjacent Toronto Transit Commission High Park Station entrance to the north as they relate to the Zoning By-law Amendment application and the holding provisions if any required in the Zoning By-law amendment as set out in their memo dated April 18, 2024 or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; these reports shall determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

e. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

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

This application proposes to amend the Zoning By-law to permit a 17-storey mixed-use building containing 144 dwelling units and 380 square metres of ground floor retail at 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue. The existing buildings on site contains 12 rental dwelling units. A Rental Housing Demolition application has also been received in support of the proposal.

The application in its current form is not supportable. It does not meet Official Plan policies in terms of public realm and built form. This report reviews and recommends refusal of the application to amend the Zoning By-law because outstanding issues could not be resolved within the legislated timeline for decision of 90 days. If City Council does not make a decision within the legislated timeline, the City may be subject to a request to refund all or part of the application fees. The report also recommends that Staff work with the applicant to use mediation to resolve the outstanding issues.