Item - 2024.EY18.7

The Director, Community Planning, Etobicoke York District 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 regarding the combined Official Plan Amendment and Zoning By-law Amendment application, and Draft Plan of Subdivision application, appeals for the lands at 220, 230 and 240 Lake Promenade and 21 and 31 Park Boulevard, and to continue discussions with the applicant 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 Order 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 are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. The owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

c. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

d. The owner has made arrangements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and revised Transportation Impact Study accepted by the General Manager, Transportation Services;

e. The owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

f. The owner has submitted a revised Arborist Report and Tree Preservation Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation;

g. The owner submitted revised Architectural and Landscape Plans to the satisfaction of the Executive Director, Development Review;

h. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review;

i. The owner has submitted a revised Noise Study and a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review;

j. The owner has satisfied requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses related to enrollment capacity;

k. City Council has approved the Rental Housing Demolition Application (File 23 134700 WET 03 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;

l. The owner has submitted a revised Coastal Hazard Assessment Report to the satisfaction of the Toronto and Region Conservation Authority;

m. The owner has provided an on-site parkland dedication in a size, location, and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

n. The conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form and content acceptable to the Executive Director, Development Review, prepared in consultation with the City Solicitor and appropriate City divisions; and

o. The owner has entered into a Subdivision Agreement with the City to secure matters related to the Plan of Subdivision, to the satisfaction of the Executive Director, Development Review, Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor.

3. Should it be determined that upgrades are required to infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment; and the Holding Provision not be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.

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

On April 17, 2023, a combined Official Plan Amendment and Zoning By-law Amendment, and Draft Plan of Subdivision, applications were submitted to permit the phased demolition of five existing seven-storey rental apartment buildings to allow for the construction of five new residential apartment buildings. The new buildings would consist of two rental apartment buildings and three condominium apartment buildings containing 2,021 residential units, comprising 577 rental and 1,444 condominium units, with heights ranging from 12 to 30 storeys. Included in the 577 rental units would be 548 rental units to replace the existing 548 rental units proposed to be demolished. A new public street, two new public parks, and a privately-owned publicly accessible space (“POPS”) are also proposed.

A Rental Housing Demolition Application was also submitted on April 17, 2023.

On August 9, 2024, the applicant appealed the applications to the Ontario Land Tribunal ("OLT") citing City Council’s failure to make a decision on the application within the 120-day time frame in the Planning Act. A Case Management Conference took place on October 18, 2024. The OLT has set a hearing for this matter from September 9 to October 6, 2025.

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.

The Development Review Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.