Item - 2023.TE7.19

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 46R, 46-52 and 52R Laing 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 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 Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the required plans and studies have been revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, the Director, Urban Forestry, Tree Protection and Plan Review, and the General Manager, Parks, Forestry and Recreation with revisions, as may be necessary, implemented as part of the amending Zoning By-law(s), to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. should one or more existing rental units be confirmed on-site, the Owner has provided an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

e. should six or more existing rental units be confirmed on-site, 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 permit the demolition of the existing rental dwelling units on the lands and the Owner has entered into, and registered on title an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure all rental-housing related matters necessary to implement City Council’s decision, including replacement rental housing and an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable; and

f. a Construction Management Plan is submitted to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any shoring or excavation work, which includes the requirement for the developer to undertake the following items in addition to the standard City Construction Management Plan:

1. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes/action items from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;

2. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

3. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;

4.  ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;

5. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

6. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

7. post a 24 hours a day/7 days a week contact number for the site superintendent on the construction hoarding;

8. create a publicly accessible website with regular construction updates and post the website address on the subject site; and

9. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost; design is to be reviewed and approved by the Ward Councillor.

3. City Council direct Transportation Services to report back to the Toronto and East York Community Council on excluding the development at 46R, 46-52 and 52R Laing Street and any other addresses for the development at 46R, 46-52 and 52R Laing Street from the on-street permit parking program.

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

On December 23, 2023, Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications were submitted seeking to permit two apartment buildings at four and seven storeys for the site at 46R, 46-52 and 52R Laing Street.

On May 8, 2023, the Applicant appealed the Official Plan Amendment and Zoning By-law Amendment applications to the Ontario Land Tribunal ("OLT") on account of City Council not making a decision on the application within the timeframe legislated by the Planning Act.

Since receipt of the appeal, the Applicant has submitted a revised proposal, having acquired the properties known municipally as 46-48 Laing Street.  The revised proposal is for two seven-storey apartment buildings. The revised proposal is currently under review by City staff and is now the subject of the appeal.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the applications in their current form and continue discussions with the applicant in an attempt to resolve outstanding issues.