Item - 2023.TE1.4

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 application appeal for the lands at 645-655 Northcliffe Boulevard, and to continue to work with the Applicant in an attempt to resolve outstanding issues.

2. City Council authorize the City Solicitor to request in the event that the Ontario Land Tribunal allows the appeal, in whole or in part, 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 Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Applicant 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 Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the Applicant 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; and

d. if applicable, the Chief Planner and Executive Director, City Planning, under delegated authority, or City Council has approved a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow the demolition of any existing rental dwelling unit(s) on the site.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the decision of City Council.

On November 9, 2021, a Zoning By-law Amendment application was submitted to permit a 15-storey residential building containing 159 dwelling units. Determination whether a Rental Housing Demolition application is needed is under review.

On July 4, 2022, the Applicant appealed Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the 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 working with the Applicant to resolve outstanding issues.