Item - 2025.EY25.1

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor to attend the Ontario Land Tribunal in opposition to the current application for an Official Plan Amendment and Zoning By-law Amendment at 3807-3815 and 3819-3829 Lake Shore Boulevard West, and to retain outside consultants as necessary.

2. City Council authorize the City Solicitor to take any necessary steps to implement City Council's decision, including requesting any additional conditions of approval that would be in the City's interest, in the event the appeal of Official Plan Amendment and Zoning By-law Amendment application is allowed by the Ontario Land Tribunal, in whole or in part. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:

a. The final form and content of the draft Official Plan Amendment and Zoning By-law Amendment is satisfactory to the Executive Director, Development Review, and the City Solicitor; and

b. City Council has approved the Rental Housing Demolition Application 23 109926 WET 03 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.

3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal.

4. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks and Recreation, to be conveyed prior to the issuance of the first above grade building permit and;

a. In the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

b. In the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

c. The value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

The Etobicoke York Community Council commenced a statutory public meeting on June 4, 2025 that continued on September 17, 2025 and notice was given in accordance with the Planning Act.

This Report recommends approval of the application to amend the Official Plan and Zoning By-law to allow for a 39-storey (124-metre, plus a five-metre mechanical penthouse) mixed-use building with 490 dwelling units (including 14 rental replacement units), and a minimum non-residential gross floor area of 436 square metres at 3807-3815 and 3819-3829 Lake Shore Boulevard West. A 74-square-metre Privately Owned Publicly-Accessible Space (‘POPS’) is proposed along the widened Pedestrian Walkway.

On June 4, 2025, Etobicoke York Community Council deferred Item EY23.8 (“3807-3815 and 3819-3829 Lake Shore Boulevard West – Official Plan and Zoning By-law Amendment Application – Decision Report – Approval”, dated May 16, 2025). The public meeting for EY23.8 was adjourned to the September 17, 2025 meeting of the Etobicoke York Community Council.

On June 13, 2025, the applicant appealed the application to the Ontario Land Tribunal (OLT) citing City Council’s failure to make a decision on the application within the time frame in the Planning Act. As a result of the appeal, the Ontario Land Tribunal now has approval authority for the application. A Case Management Conference has been scheduled for September 16, 2025. 

This supplementary report deletes and replaces the recommendations of the Approval Report with new recommendations to reflect the appealed status of the application. Consistent with the Approval Report, staff continue to recommend support for the proposal in its current form.