Item - 2021.TE27.8

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 510-528 Yonge Street and 7 Breadalbane Street and to continue discussions with the owner in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the 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 proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and, among other matters, secure:

i. the full replacement of the existing rental dwelling units on the lands at 510-528 Yonge Street and 7 Breadalbane Street;

ii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units;

iii. an acceptable tenant relocation and assistance plan, addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rent and other assistance to mitigate hardship, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner has submitted a Transportation Demand Management (TDM) plan, to the satisfaction of the General Manager, Transportation Services;

c. the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to an off-site parkland dedication having a minimum size of 415 square metres located 431-433 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

d. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the approved Heritage Impact Assessment, to the satisfaction of the Senior Manager, Heritage Planning;

f. City Council has approved the Rental Housing Demolition Application 20 207360 STE 13 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 19 existing rental dwelling units at 510-528 Yonge Street and 7 Breadalbane 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 Council's decision; and

g. the owner has entered into, and registered on title to the lands, an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the recommendations above.

On October 16, 2020, an Official Plan and Zoning By-law Amendment application and a Rental Housing Demolition application were submitted to permit a 59-storey residential building with 500 dwelling units at 510-528 Yonge Street and 7 Breadalbane Street. The Official Plan and Zoning By-law Amendment application were deemed complete on January 8, 2021.

On May 10, 2021, the applicant appealed the applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame under the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.