Item - 2024.NY18.11

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 applications regarding the Zoning By-law Amendment and Draft Plan of Subdivision appeals for the lands at 7 - 11 Rochefort Drive 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 Zoning By-law and Draft Plan of Subdivision conditions are satisfactory to the City Solicitor and the Executive Director, Development Review;

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the applications, to the satisfaction of the General Manager, Transportation Services;

d. the owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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;

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

g. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review;

h. the owner has entered into an agreement with the city for the fee simple conveyance of the on-site parkland dedication requirement and at no cost to the city, with such conveyance to occur prior to the issuance of the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. the agreement referred to in Recommendation 2.h. above shall include terms requiring the conveyance of the parkland free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks,

where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management; and

j. City Council has approved the Rental Housing Demolition Application 21 239145 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 128 existing rental dwelling units at 7 - 11 Rochefort Drive, 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:

1. Replacement of the existing 128 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

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

3. Should the Ontario Land Tribunal approve the Zoning By-law Amendment application, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; such development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

4. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request of the Ontario Land Tribunal 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 and General Manager, Transportation Services.

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

On December 1, 2021, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit three buildings having tower heights of 30 storeys (98.6 metres), 41 storeys (132.2 metres) and 46-storeys (147.2 metres) with a total of 1,322 residential dwelling units. The existing two residential buildings and 128 rental units on the subject site are proposed to be demolished.

On June 3, 2024, the applicant appealed the Zoning By-law Amendment and the Draft Plan of Subdivision Applications to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

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