Item - 2024.TE13.11

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for the Zoning By-law Amendment for the lands municipally known as 137-141 Isabella Street.

2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsection 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsection 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsection 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

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

6. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order, until the following conditions are met:

a. the final form of the Zoning By-law Amendment shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including any appropriate holding (H) provisions;

b. City Council has approved Rental Housing Demolition Application 24 119156 STE 13 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 housing, 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 City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

 i. replacement of the existing 61 rental dwelling units, including the same number of units, bedroom type and size and with similar rents; and

 ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. submit a Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and

d. the owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the transportation report accepted by the General Manager, Transportation Services and the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

The application proposes to amend the Zoning By-law to permit a 69-storey residential building at 137-141 Isabella Street. The proposed building would contain 823 residential units. The existing 7-storey apartment building and 3-storey single detached dwelling on the site would be demolished. The 61 demolished rental units would be replaced within the new proposal.

This report recommends refusal of the application to amend the Zoning By-law because the outstanding issues could not be resolved within the legislated 90-day timeframe for a decision. Furthermore, if City Council does not make a decision within the legislated timeframe, the City may be subject to a request to refund all or part of the application fees.

The related Rental Housing Demolition and Conversion application proposing to replace the rental dwelling units is currently under review.