Item - 2022.TE30.2

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 current Application regarding the Zoning By-law Amendment appeal for the lands at 190-200 Soudan Avenue and 18 Brownlow Avenue 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 appeal 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 Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment;

c. the existing rental dwelling units, needed improvements to the existing rental housing, a Construction Mitigation and Tenant Communication Plan, and any other rental housing matters in conformity with Policy 3.2.1.5 of the Official Plan, have been secured to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish one (1) existing rental dwelling units at 192 Soudan Avenue; and

e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

On December 18, 2020, a Zoning By-law Amendment application was submitted for a new 21-storey apartment building with 167 units at 190-200 Soudan Avenue and 18 Brownlow Avenue. The existing 19-storey rental apartment building at 18 Brownlow Avenue would be retained and the existing six houses at 190-200 Soudan Avenue would be demolished. A Rental Housing Demolition application has been submitted to permit the demolition of one existing residential rental unit located at 192 Soudan Avenue.

On May 27, 2021, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-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.