January 4, 1999

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Ontario Municipal Board Decision: 85 Bloor Street East and 44 Hayden Street (Ward24 - Downtown)

Purpose:

This report advises Council of the decision of the Ontario Municipal Board on the development proposed at 85 Bloor Street East and 44 Hayden Street.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications or impact for the City. It requires no funding.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

In the Cityplan process conducted in relation to the Official Plan and Zoning By-law for the former City of Toronto, a permissive exception was introduced in 1993 (12(1) 346) which permitted a mixed-use development at the subject site. The density of 9.14 times the area of the lot was to be divided essentially equally between residential and non-residential gross floor area. The height was limited to 61 metres.

The owner did not develop the property in accordance with the site-specific permissive exception and sought approval for a new proposal at the same density and height but with a much larger residential component (16,752mē of the total 17,078mē).

The owner appealed his proposed official plan amendment, zoning by-law and site plan to the Ontario Municipal Board because he anticipated appeals by local property owners. In the meantime he worked with City staff to hone the development to one supported by staff and Council alike. The owner agreed to a condition whereby a Section 37 Agreement would be executed to contractually confirm his agreement to provide $50,000.00 to the City to improve the local linear park system.

City staff and the City Solicitor were sent to support the development at the Board.

Comments and/or Discussion and/or Justification:

The Board heard evidence from Urban Design staff of the City as well as from the owner's planner, and approved the project in a Decision issued on December 15, 1998. At the request of the City, the Board withheld its Order pending notification by the City that a Section 37 Agreement has been executed.

Conclusions:

The Board decision represents a successful outcome from the City's perspective as it authorizes the project supported by Council. A copy of the Ontario Municipal Board decision will be filed with the City Clerk and will be available for review.

Contact Name:Raymond M. Feig, Solicitor

Telephone:(416) 392-7224

Fax:(416) 392-0024

E-mail:rfeig@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services

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