Item - 2020.TE14.12

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal (the "LPAT") hearing to oppose the appeal respecting the Zoning By-law Amendment and Site Plan Control applications (File Nos. 18 161483 STE 22 OZ and 18 161486 STE 22 SA), as proposed at 206 Russell Hill Road.

2. City Council authorize the City Solicitor, together with appropriate staff, to continue discussions with the applicant on resolving the matters identified in the Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the  Local Planning Appeal Tribunal has been advised by the City Solicitor that:

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

b. the owner has provided a revised functional servicing and stormwater management report, satisfactory  to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure;

c. the Conditions of Site Plan Approval are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, the General Manager, Solid Waste Services, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water; and

d. a Site Plan Agreement has been entered into in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the agreement is registered on title satisfactory to the City Solicitor.

On September 9, 2019, the applicant appealed to the Local Planning Appeal Tribunal (the "LPAT") citing Council's failure to make a decision on the Zoning By-law Amendment and Site Plan Control applications within the timeframe prescribed by the Planning Act. The case management conference was held on January 28, 2020.

The Zoning By-law Amendment application proposes a 4-unit, 3-storey (13.7 metre) townhouse building with 8 parking spaces located within a below-grade garage. The proposal includes 1,252 m2 of gross floor area and a total density of 1.13 times the area of the site. The existing house would be demolished.  The Zoning By-law Amendment and Site Plan Control applications were deemed complete on May 18, 2018. 

On June 18, 2019 City Council stated its Intention to Designate the property at 206 Russell Hill Road under Part IV of the Ontario Heritage Act and include it on the Heritage Register.  The applicant has filed a formal objection to the City's Notice of Intention to Designate, and this matter is currently before the Conservation Review Board. 

On October 29, 2019, City Council also refused the demolition application for the property at 206 Russell Hill Road. There are pending proceedings associated with demolition application that have not yet been determined at the time of writing this report.

This report recommends that the City Solicitor, together with appropriate City staff, be directed to oppose the appeal at the LPAT. As the proposal would necessitate the demolition and loss of the existing heritage property, the application is not supportable in its current form.  As proposed, the application is not consistent with the Provincial Policy Statement (2014), does not conform to the Growth Plan (2019), and does not conform to the Official Plan.  Staff are recommending that discussions continue with the applicant in an effort to find a solution that conserves the heritage house.