Item - 2022.TE33.10

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 Zoning By-law Amendment appeal for the lands at 383 and 387 Sherbourne Street.

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;

c. the owner has entered into the appropriate agreement(s) with the City for the design, construction and financial securities for any improvements to the municipal infrastructure, in connection with a Functional Servicing Report as accepted by the City's Executive Director, Engineering and Construction Services should such Director determine that improvements to such infrastructure are required, to support the development, all to the satisfaction of the Executive Director of Engineering and Construction Services;

d. the owner has secured replacement of the same number, bedroom type and size and with similar rents of the existing rental housing at 383 and 387 Sherbourne Street;

e. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands 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;

f. City Council has approved the Rental Housing Demolition application 21 189637 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 existing rental dwelling units at 383 and 387 Sherbourne 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 City Council's decision; 

g. where applicable community benefits and other matters in support of the development are to be 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;

h. the owner has entered into a Heritage Easement Agreement with the City for the property at 383 and 387 Sherbourne Street to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and

i. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

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

On July 26, 2021, a Zoning By-law Amendment application was submitted for a new 49-storey apartment building with 483 units at 383 and 387 Sherbourne Street. A Rental Housing Demolition application has been submitted to permit the demolition of 32 existing residential rental units located at 383 Sherbourne Street. A Rental Housing Demolition application to demolish 44 units at 387 Sherbourne Street has not been submitted.

On January 26, 2022, 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.