That the Economic and Development Services Committee recommend to City Council:
Whereas pursuant to City Council’s June 26, 2017 direction related to Report DS-17-129 dated June 15, 2017, on July 4, 2017, the Director, Planning Services, approved, subject to conditions, a draft plan of subdivision (File: S-O-2016-06) submitted by Downing Street (1015 King Street) Inc. (“Downing”) featuring an extension of Queensdale Avenue with six (6) single detached dwelling lots on the north side of the extension and eleven (11) single detached dwelling lots on the south side of the extension [see Attachment 1 (location of Phase 2) and Attachment 2 (original draft approved plan)]; and,
Whereas on September 3, 2021, Downing submitted an application to amend Zoning By-law 60-94 (File: Z-2021-07) for the entirety of Downing’s land holdings between King Street East and Queensdale Avenue, including the area of draft plan of subdivision S-O-2016-06 located on the north side of Queensdale Avenue to permit 34 block townhouse units and nine (9) street townhouse units; and,
Whereas on September 3, 2021, Downing also submitted applications for approval of a draft plan of subdivision (File: S-O-2021-02) and a common elements draft plan of subdivision (File: C-O-2021-01), and for removal of part lot control (File: PLC-2021-11) related to the proposed 34 block townhouses; and,
Whereas on September 23, 2022, Downing filed an appeal of the applications to amend Zoning By-law 60-94 (File: Z-2021-07) and for approval of the draft plan of subdivision (File: S-O-2021-02) to the Ontario Land Tribunal (the “O.L.T.”), for the City’s failure to make a decision within the timelines prescribed by the Planning Act; and,
Whereas through the O.L.T. appeal process, Downing’s proposal was revised to reflect 32 block townhouse units and ten (10) street townhouse units (see Attachment 3); and,
Whereas on April 21, 2023, Downing registered Phase 1 of draft plan of subdivision S-O-2016-06 which included the extension of Queensdale Avenue and the eleven (11) single detached dwelling lots on the south side of Queensdale Avenue; and,
Whereas on August 18, 2023, the O.L.T. issued a decision approving the revised zoning by-law amendment and draft plan of subdivision S-O-2021-02 for the proposed block townhouses on the north side of Queensdale Avenue on the basis of a settlement reached between the City and Downing; and,
Whereas on August 25, 2023, Downing requested that the City approve a revised draft plan for Phase 2 of draft approved plan of subdivision S-O-2016-06 to convert Lots 4, 5 and 6 from three (3) lots for three (3) single detached dwellings to two (2) blocks for ten (10) street townhouse dwellings (see Attachments 2 and 4); and,
Whereas on October 2, 2023, Council approved the revised draft plan for Phase 2 of draft approved plan of subdivision S-O-2016-06; and,
Whereas Eastrose Homes (“Eastrose”) has now taken over from Downing as applicant and has assumed management of both the site plan for the 32 block townhouse development and the portion of draft approved plan of subdivision S-O-2016-06 north of Queensdale Avenue; and,
Whereas Eastrose is concerned that the current state of the real estate market for block townhouses and street townhouses has compromised their ability to sell these units as common element condominium units and freehold units, and as a result, now intends to develop these 42 units as rental units in order to capitalize on Federal G.S.T. rebates and other financial mechanisms; and,
Whereas on April 7, 2025, Eastrose requested that the City approve a further revised draft plan for Phase 2 of draft approved plan of subdivision S-O-2016-06 to merge Blocks 1 and 2 for ten (10) street townhouse dwellings to just one (1) block for ten (10) street townhouse dwellings, although still in two (2) street townhouse buildings featuring five (5) units apiece (see Attachment 5); and,
Whereas the Planning Act, R.S.O. 1990, c. P.13, as amended, specifies that an approval authority is not required to give written notice of a change to the conditions of approval if, in the opinion of the approval authority, the changes are minor in nature; and,
Whereas the proposed revisions to the draft plan comply with Zoning By-law 60-94, as amended, as a result of the O.L.T. decision; and,
Whereas the proposed changes are considered to be minor in nature since the number of units remains unchanged and the changes are consistent with the development proposal previously presented to the City, the public and the O.L.T.; and,
Whereas the proposed revision to the approved draft plan is reasonable given the planning approvals process undertaken to date and the built-form will not change;
Therefore be it resolved that based on Item ED-25-75 dated June 2, 2025, the proposed revisions to Phase 2 of Draft Approved Plan of Subdivision S-O-2016-06 to accommodate one (1) block for ten (10) street townhouse dwellings in two (2) street townhouse buildings instead of two (2) blocks for two (2) street townhouse buildings featuring a combined total of ten (10) street townhouse dwelling lots be approved, with the revisions to be shown on the final 40M Plan for registration to the satisfaction of the Director, Planning Services.