Item - 2022.TE32.13

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 5, 7, 9, 11, 15 and 19 Cosburn Avenue and 8, 10, 12, 14, 16, 30, 32, 34, 36, 38 and 40 Gowan 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 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:

1. the draft Zoning By-law Amendments are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;
   
   
2. the owner has addressed the major outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
   
   
3.  the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;
   
   
4. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the 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;
   
   
5. the owner has submitted a rental replacement plan that addresses the full replacement of the existing rental housing units by bedroom type and size with similar rents, and a tenant relocation and assistance plan, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; 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 the  decision;
   
   
6. 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 as applicable.

g.  City Council has approved the Rental Housing Demolition Application 20 232889  STE 14 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 6 existing rental dwelling units at 8 Gowan Avenue, 10 Gowan Avenue, 17 Cosburn Avenue, and 19 Cosburn Avenue 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 City Council's decision.

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

On December 22, 2020, a Zoning By-Law Amendment was submitted for the property at 5, 7, 9, 11, 15 and 19 Cosburn Avenue and 8, 10, 12, 14, 16, 30, 32, 34, 36, 38 and 40 Gowan Avenue (the "Site") to permit the construction of a residential building facing both Gowan and Cosburn Avenues. The proposed new building steps up to a height of 15 storeys (48.5 metres, excluding mechanical penthouse) consisting of 25,950 square metres of residential gross floor area (GFA).  A total of 316 residential units are proposed with a density of 5.74 times the area of the lot. An on-site parkland dedication of approximately 450 square metres is proposed at the north west corner of the Site, with a 3 metre wide pedestrian connection proposed to extend from the proposed public park to Gowan Avenue. The application was deemed complete on January 18, 2021.

On December 22, 2020 the City received an application for Rental Housing Demolition Application under Chapter 667 of the Municipal Code to permit the demolition of six rental housing units on the site. 

On November 15, 2021, the applicant filed an appeal with the Ontario Land Tribunal ("OLT") for the Zoning By-law amendment application 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 continue discussions

with the Applicant to resolve outstanding issues.