Item - 2021.TE28.8

The Toronto and East 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 Official Plan and Zoning By-law Amendment appeal for the lands at 954, 956 and 958 Broadview Avenue and 72 Chester Hill Road 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 appeals 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 Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed the major outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;  General Manager, Parks, Forestry and Recreation and the City Solicitor; and

d. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement the recommendations above.

On February 16, 2018, an Official Plan Amendment was submitted to permit an 18 storey seniors residence with a total gross floor area (GFA) of 21,644 square metres resulting in a density of 4.57 times the area of the lot. The application was deemed incomplete on March 14, 2018. In response, the applicant submitted the plans and studies requested to complete the Official Plan Amendment application and also submitted a Zoning By-law Amendment application. Both applications were deemed complete on March 14, 2019.

On November 23, 2020, City Planning received a revised proposal from a new landowner. The revised proposal was to facilitate the construction of a 16 storey predominantly residential building with 223 dwelling units and one retail space at 954, 956 and 958 Broadview Avenue and 72 Chester Hill Road.

On July 20, 2021, the applicant filed an appeal with the Ontario Land Tribunal ("OLT") on the application due to Council not making a decision within the 120-day time frame in the Planning Act.

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.