Item - 2024.NY14.8

North 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 application regarding the Zoning By-law Amendment appeal for the lands at 77 Erskine Avenue 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 Zoning By-law Amendment appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as:

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

b. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

c. the owner has provided a revised Transportation Impact Study (TIS), including acceptable Travel Demand Management (TDM) measures, to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;

d. the owner has addressed all outstanding issues raised by Engineering and Construction Services, including a revised Functional Servicing Report and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and / or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

f. City Council has approved the Rental Housing Demolition Application Number 22 233227 NNY 15 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the thirty seven (37) existing rental dwelling units at 77 Erskine Avenue, 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 including:

a. replacement of the existing 37 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

b. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report, City Council direct the City Solicitor and appropriate City Staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such 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 the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

On September 20, 2022, a Zoning By-law Amendment application was submitted to permit the development of a 35-storey (112.95 metres, plus 6 metres for a mechanical penthouse) residential building containing 377 residential units (inclusive of 37 replacement rental dwelling units). The proposal consists of 23,973 square metres of residential gross floor area, resulting in a Floor Space Index of 13.8. A Rental Housing Demolition and Conversion Application proposing to demolish and replace 37 rental housing units was also submitted and is currently under review.

On February 26, 2024, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame prescribed in the Planning Act. A Case Management Conference is scheduled on May 8, 2024.

This report recommends that the City Solicitor with the appropriate City Staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.