Item - 2022.TE34.56

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 Official Plan and Zoning By-law Amendment appeals for the lands at 175-195 St. Clair Avenue West and 273 Poplar Plains Road, 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 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. City Council has approved the Rental Housing Demolition Application (21 111463 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the one (1) existing rental dwelling unit on the site; and

d. if applicable, 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 authorize the City Solicitor, if appropriate, to request the issuance of any final Orders prior to the owner entering into a Section 37 Agreement referenced in Recommendation 2.d., above.

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

On November 19, 2020, an Official Plan and Zoning By-law Amendment application was submitted to permit a 13 to 15-storey residential building containing 206 dwelling units. The proposal has since been reduced to an 11 to 13-storey residential building containing 164 dwelling units. A Rental Housing Demolition application was submitted to permit the demolition of 1 rental dwelling unit on the site on February 2, 2021.

On February 15, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame of 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.