Item - 2023.EY7.7

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current applications regarding the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision appeals for 2405-2411 and 2417 Lake Shore Boulevard West, 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 Order(s) be withheld until such time as the City Solicitor advises that:

a. The form and content of the Official Plan and Zoning By-law Amendments and conditions of Draft Plan of Subdivision approval are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated March 21, 2022 or as revised, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

d. The owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted a revised Community Energy Plan to the satisfaction of the Environment and Energy Division;

g. The owner has submitted a Noise Study required by Metrolinx, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Manager, Technical Review, Metrolinx;

h. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

i. The owner has submitted a revised Housing Issue Report including all requested revisions noted in correspondence, dated March 21, 2022, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated March 21, 2022, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

k. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. The owner has secured replacement of the existing rental dwelling units, including the same number of rental units, bedroom type and size and with similar rents, and replacement of the gross floor area of the existing dwelling rooms as dwelling rooms or studio units at similar rents;

m. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for tenants to return to a replacement rental unit or dwelling room, as applicable, on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

n. City Council has approved the Rental Housing Demolition application (21 246210 WET 03 RH) under 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 existing rental units on the site, 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. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services.

On July 25, 2022, an Official Plan Amendment, a Zoning By-law Amendment and Draft Plan of Subdivision applications were deemed complete for a proposed mixed-use development including a 10-storey mid-rise building, an eight-storey base building including a mezzanine floor and a 33-storey tower at 2405-2411 and 2417 Lake Shore Boulevard West. The proposal has a total gross floor area of approximately 32,792 square metres, including approximately 345.5 square metres of retail space on the ground floor, and a total of 471 residential apartment units (including 22 rental replacement units) in various unit sizes. A Rental Housing Demolition Application was also submitted to demolish 22 rental units.

On February 13, 2023, the applicant appealed the applications to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decisions on the applications within the time period prescribed under the Planning Act. A Case Management Conference was held on July 13, 2023 (OLT Case No. OLT-23-000129 and OLT-23-000130). The OLT hearing date is scheduled for July 8 to July 19, 2024.

This report recommends that Council directs the City Solicitor, together with appropriate City staff, attend the OLT hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.