Item - 2022.NY31.11

North 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 current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 2, 4, 6, 8, 10 and 12 Oakburn Crescent and to continue discussions with the Applicant 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 Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning By-laws to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has submitted the information necessary for the City Solicitor and the Chief Planner and Executive Director, City Planning to determine whether the owner has satisfied all of its obligations under the Section 37 Agreement between K&G Oakburn Apartments I Ltd., and the City, dated October 24, 2007 and registered on title to the lands on February 26, 2008;

c. the owner has submitted, and City Council has approved, a Rental Housing Demolition application 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 sixty-six existing rental dwelling units at 2, 4, 6, 8, 10 and 12 Oakburn Crescent, and the owner has entered into, and registered on title to the lands, a Section 111 Agreement 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, if deemed necessary by Council:

                        i. the full replacement of any of the sixty-six (66) existing rental dwelling

                        units on the lands that have not already been replaced at 105 Harrison

                        Garden Boulevard;

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

                        rental dwelling units that have not already been provided at 105 Harrison

                        Garden Boulevard;

                        iii. an acceptable Tenant Relocation and Assistance Plan addressing the

                        right for existing tenants of 2, 4, 6, 8, 10 and 12 Oakburn Crescent to

                        return to a new or replacement rental unit on the lands at similar rents or a

                        replacement rental unit at 105 Harrison Garden Boulevard at similar rents,

                        the provision of alternative accommodation at similar rents, and other

                        assistance to mitigate hardship, all to the satisfaction of the Chief Planner

                        and Executive Director, City Planning; and

                        iv. any other rental housing-related matters in conformity with Section
                        3.2.1 of the Official Plan and Chapter 667 of the Toronto Municipal Code;

d. the owner has addressed the major outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. 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 application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;  General Manager, Parks, Forestry and Recreation and the City Solicitor.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On July 16, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit two 18-storey (57.5 metre) rental apartment buildings connected by a 2 to 6 storey base building. The proposed development has a total gross floor area (GFA) of 35,776 square metres resulting in a density of 4.51 times the area of the lot. The application was deemed complete on September 7, 2021.

On January 13, 2022, the applicant filed an appeal with the Ontario Land Tribunal ("OLT") on the application due to Council not making a decision within the 120-day time frame in 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.