Item - 2023.TE8.8

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 to oppose the appeal made for the current application regarding the Official Plan Amendment and Zoning By-law Amendment respecting the land at 295 Jarvis Street and City Council authorize the City Solicitor and appropriate staff 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 advices that:

a. the final form and content of the draft Official Plan and Zoning By-law 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 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; and

c. the owner has entered into a legal agreement binding the owner and successor owners to secure all rental housing related matters, including replacement of existing dwelling rooms and an acceptable Tenant Relocation and Assistance Plan, on terms satisfactory to the Chief Planner and Executive Director, City Planning, and in a form satisfactory to the City Solicitor.

3. City Council direct the Chief Planner and Executive Director, City Planning and the City Solicitor to advance, as part of the appeal on 295 Jarvis Street, a Tenant Relocation and Assistance Plan that takes into consideration the unique circumstances of tenants at 295 Jarvis Street when securing tenant assistance, including the right to return to replacement rental housing, in order to minimize hardship on vulnerable tenants. 

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

On November 15, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit a 60-storey residential building, containing 618 dwelling units with a total of 44,530 square metres of residential gross floor area (GFA).

The site contains a 3-storey licensed rooming house known as the Inglewood Arms, with approximately 95 dwelling-rooms, which is proposed to be demolished. No dwelling-room replacement or tenant assistance is proposed.

On May 16, 2023 the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act. A 12-day hearing has been scheduled to commence starting May 27, 2024. The applicant and the City have agreed to OLT-led mediation in advance of this date.

On August 2, 2023, the applicant submitted revised application to address technical comments. No changes were made to the overall building height or massing.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the Official Plan and Zoning By-law Amendment application in its current form and to continue discussions with the applicant to resolve outstanding issues.