1601-1603 Bathurst Street - Official Plan and Zoning By-law Amendment Applications - Appeal Report

A related Rental Housing Demolition application has been submitted. On May 3, 2022, the applicant submitted a revised application for a 7 storey building. A further revised application was submitted on April 12, 2024, reducing the number of units from 79 to 74 and reducing the street wall height from 6 storeys to 5 storeys. On March 5, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal due to Council not making a decision within the statutory timeframe outlined by the Planning Act. This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal in opposition to the application in its current form and continue discussions with the applicant to resolve the outstanding issues.

3. In the event that the Ontario Land Tribunal allows the Official Plan and Zoning By-law Amendment appeals, in whole, or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) 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 are to the satisfaction of the City Solicitor and the Executive Director, Development Review; b. the owner has, at their sole cost and expense, completed the following: 1. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Development Engineering, in consultation with the General Manager, Toronto Water; 2. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water unless otherwise secured through a holding provision in the by-law; and, 3. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required. c. any necessary studies, including those related to pedestrian level wind impacts and sun and shadow, have been completed, and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review; d. the applicant has addressed all outstanding issues raised by the Toronto and Region Conservation Authority, including achieving the appropriate development setback from the erosion hazard associated with the Cedarvale Ravine Park; e. the applicant has addressed all outstanding issues raised by Ravine and Natural Feature Protection and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application; f. City Council has approved the Rental Housing Demolition Application 22 148358 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the 9 existing rental dwelling units at 1601 Bathurst Street, 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: 1. replacement of the existing 9 rental housing units, including the same number of units, bedroom type and size and with similar rents; and 2. an acceptable Tenant Assistance Plan addressing the right for existing tenants to return to a replacement rental unit. 4. City Council request the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning, to secure through the Site Plan Control application for the lands, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to: a. continue to provide and retain the existing 73 rental dwelling units at 1603 Bathurst Street as rental housing units for at least 20 years, commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Executive Director, Development Review; and, b. undertake improvements to the existing rental building, at its sole expense and at no cost to tenants, at 1603 Bathurst Street, with such improvements and related timing for the improvements to be undertaken, informed by a tenant survey, and identified by the owner to the satisfaction of the Executive Director, Development Review prior to Site Plan Approval for the development. 5. Prior to Site Plan Approval for the development, City Council request the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning, to require the owner to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction of the development on tenants of the existing rental building. 6. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.