Item - 2023.TE1.2

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 appeals regarding the Zoning By-law Amendment and Draft Plan of Subdivision applications for the lands at 221, 225, and 227 Sterling Road, and to continue discussions with the applicant in an attempt to resolve the issues outlined in the report (November 14, 2022) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council direct the City Solicitor to seek instruction from the Chief Planner and Executive Director, City Planning pursuant to Chapter 415-18.1 of the Toronto Municipal Code, as amended, for the purpose of attendance at the Ontario Land Tribunal with respect to the proposed Draft Plan of Subdivision for the lands at 221, 225, and 227 Sterling Road and the provision of appropriate conditions of subdivision approval, including, but not limited to, conditions relating to site servicing, tree planting, and dedication of public parkland and streets.

3. 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 Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. City Council has approved the Rental Housing Demolition application (Application No. 21 151447 STE 09 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 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 the following:

i. The replacement of the existing residential and live-work rental units on the lands;

ii. The rents, rental tenure, unit mix, and unit sizes of the replacement rental units;

iii. An acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units 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; and

iv. Any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code.

c. The owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment and Draft Plan of Subdivision applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. The owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services. These reports shall determine whether the municipal water, sanitary, and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

e. The owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. The submitted Compatibility Study has been peer reviewed, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning in order to determine the compatibility of the proposed sensitive residential land uses with surrounding industrial uses.

4. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order approving the Draft Plan of Subdivision until the City and the owner present the Ontario Land Tribunal with Draft Plan of Subdivision Conditions to address the technical requirements of the development as determined by the Chief Planner and Executive Director, City Planning.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On May 7, 2021, Zoning By-law Amendment and Draft Plan of Subdivision applications (the "applications") were submitted for the properties at 221, 225, and 227 Sterling Road (the "subject site") seeking to permit the redevelopment of the lands with three residential buildings having heights of 20, 25, and 29-storeys and collectively containing 892 residential units. A Rental Housing Demolition application was also submitted to permit the demolition of the existing rental units.

On May 30, 2022, the owner appealed the Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Land Tribunal (the "OLT") as a result of City Council not making a decision on the applications within the timeframes legislated by the Planning Act.

This report recommends that the City Solicitor, with appropriate City staff, attend the OLT in opposition of the applications in their current form and to continue discussions with the applicant in an attempt to resolve the issues outlined in this report.