3100 - 3200 Bloor Street West and 4 - 8 Montgomery Road - Official Plan Amendment, Zoning By-Law Amendment and Site Plan Control Applications - Request for Directions Report

The application proposes to change the designation on lands designated Neighbourhoods to Mixed Use Areas in the Official Plan, introduce these Neighbourhoods lands into the Etobicoke Secondary Plan with a Mixed Use Area B designation and rezone these same lands from Residential Detached to Etobicoke Centre 1. On January 19, 2021 and May 11, 2021, the applicant appealed the Official Plan Amendment, the Zoning By-Law Amendment and the Site Plan Control applications to the Ontario Land Tribunal (OLT) (formerly Local Planning Appeal Tribunal), citing City Council's failure to make a decision on the applications within the prescribed timelines of the Planning Act. A Case Management Conference (CMC) was held on May 28, 2021 for the Official Plan Amendment and the Zoning By-law Amendment applications. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the OLT and continue discussions with the Applicant to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that: a. the final form and content of the Official Plan, Zoning By-law Amendments and final Site Plan and Conditions of Site Plan Approval are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. The owner has submitted all identified revisions required to submission materials related to site servicing and a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. The owner has provided a revised Urban Transportation Considerations Report including a revised Transportation Demand Management Plan, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; d. The owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; e. 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, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. The owner has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; h. The owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; i. The submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. The owner has submitted requested information and makes required revisions including adjusting the minimum distance between the building, including all below and above grade structures, to all TTC infrastructure, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission; k. The owner has satisfied the requirements of the Toronto Region and Conservation Authority regarding requested revisions to reports; and, l. Community benefits and other matters in support of the development have been 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. 3 In the event the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: a. The owner shall enter into an agreement to convey all lands below the proposed top of bank and a 10 metre buffer adjoining the top of bank to the Toronto and Region Conservation Authority; b. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and c. The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues and the provision of a construction management plan to address student safety. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.