Item - 2023.TE2.10

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 applications regarding the Official Plan and Zoning By-law Amendment appeals for the lands at 47-65 Huntley Street, 2-18, 24 and 26 Linden Street, and 1-11 Selby Street 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, and traffic 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. the owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents;

d. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit 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;

e. City Council has approved the Rental Housing Demolition application 21 238874 STE 13 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 dwelling units 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; and

f. the owner has, at its sole expense:

i. submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the properties at 47, 49, 51, 53, 55, 57, 59, 63 and 65 Linden Street, 1, 3, 7, 9 and 11 Selby Street, and 2, 16 and 18 Linden Street to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

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

On October 19, 2021, Official Plan  and Zoning By-law Amendment applications were submitted seeking to permit 59- and 48-storey mixed-use buildings, containing 1,297 dwelling units and 1,100 square metres of non-residential gross floor area. The proposal includes a 3-storey institutional building planned for a childcare facility and a 460 square metre public park.

On April 29, 2022, a related Site Plan Control Application was submitted.

On July 11, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment applications 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 applications in their current form and to continue discussions with the applicant to resolve outstanding issues.