Item - 2023.TE1.6

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 for Official Plan and Zoning By-law amendment for the lands at 415 Broadview Avenue and to continue discussions with the applicant to resolve outstanding issues.

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 Official Plan and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant has provided updated reports confirming adequate 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 owner has resolved transportation-related matters including streetscape and curb extension provisions, site loading and access, as well as matters related to functional servicing and stormwater management, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. in the event that the updated reports referred to above identify require upgrades to servicing or functional items above, the owner shall enter into agreement(s) for the construction of any such improvements to such services, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resource, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

f. if the property at 415 Broadview Avenue is designated under Part IV, Section 29 of the Ontario Heritage Act, the owner has entered into a Heritage Easement Agreement with the City for the property at 415 Broadview Avenue, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

g. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Part (e) above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

h. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

i. the owner has resolved all outstanding matters identified in the Memorandum prepared by Engineering and Construction Services (June 30, 2022).

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

On January 20, 2022 an Official Plan and Zoning By-law amendment application was submitted seeking to permit the adaptive re-use of an existing historic church to include a 10-storey addition with 60 residential units.

On August 15, 2022 the applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 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 and to continue discussions with the applicant to resolve outstanding issues.