Item - 2023.TE4.17

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend before the Ontario Land Tribunal in support of the proposed Official Plan Amendment and Zoning By-law Amendment for 109-127 Strachan Avenue, subject to Recommendations 2 to 6 below.

2. City Council direct that prior to attending the Ontario Land Tribunal in support of the proposed development, that the City Solicitor has confirmed that there is no appeal filed with respect to the designation by-law for 127 Strachan Avenue and if such an appeal has been filed, that it is disposed of prior to any hearing on the merits at the Ontario Land Tribunal on the revised proposed development for 109-127 Strachan Avenue.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment substantially in accordance with what is described in Attachment 13 to the report (March 23, 2023) from the Acting Director, Community Planning, Toronto and East York District, is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the proposed Zoning By-law Amendment is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

c. the owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required;

iv. submitted a Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 to be implemented prior to the issuance of Notice of Approval Conditions for Site Plan Approval that mitigates hardship for the tenants of 111 Strachan Avenue, which property is proposed to be demolished; the Plan shall be developed in consultation with, and to the satisfaction of, the City Solicitor and the Chief Planner and Executive Director, City Planning; and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Approval; and

v. provide a legal undertaking to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure a Tenant Relocation and Assistance Plan.

4. City Council direct the Director, Community Planning, Toronto and East York District to continue discussions with the owner for the potential provision of affordable housing on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law.

5. City Council request the General Manager, Transportation Services to examine and report to Toronto and East York Community Council after the Official Plan Amendment and Zoning By-law Amendment have come into full force and effect, regarding the realignment of Permit Parking Area 4I and the exclusion of the lands at 109-127 Strachan Avenue, from the permit parking area.

6. City Council request the Acting Director, Community Planning, Toronto and East York District to ensure all avenues are explored to secure affordable housing onsite.

7. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision.

The purpose of this report is to seek direction from City Council to endorse a revised proposal for the applications to amend the Official Plan and Zoning By-law that have been appealed to the Ontario Land Tribunal (OLT) due to council's failure to make a decision within the time frame prescribed in the Planning Act. A Case Management Conference (CMC) was held on February 9, 2023 (OLT Case No. OLT-22-003961). The next CMC is scheduled for May 26, 2023.

Since the time of filing the appeals to the OLT, the applicant has worked with City staff to address various concerns and have submitted a revised application. The revised proposal is for a 13-storey mixed-use building at a height of 43.5 metres (45.5 metres including the mechanical penthouse) with additional building stepbacks along Strachan Avenue, greater separation distance between the approved 14-storey building to the south at 950 King Street West, an increase to the amount of amenity space provided, a reduction in the amount of vehicular parking, and an increase to the amount of bicycle parking.

This report recommends that City Council endorse the revised proposal in accordance with the recommendations included within this Appeal Report.