Item - 2022.TE34.55

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Land Tribunal hearing scheduled from September 26, 2022 to October 4, 2022 to oppose the Application for 2-24 Temple 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 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.  Draft Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  The owner has provided confirmation that outstanding issues listed in the Engineering and Construction Services memo to City Planning dated June 7, 2021 have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  City Council has approved the Rental Housing Demolition application (File No. 21 105909 STE 04 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 dwelling units at 2-24 Temple 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, including tenant assistance to address Official Plan policy 3.2.1.12,  necessary to implement City Council's decision.

3. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.

A Zoning By-law Amendment application was submitted on January 18, 2021 proposing a 16-storey residential building comprised of 273 dwelling units at 2-24 Temple Avenue. The application was deemed complete on February 16, 2021, and has since been revised to include 275 residential units.

An associated Rental Housing Demolition and Conversion application was submitted accompanying the Zoning By-law Amendment application regarding the existing rental dwelling units and dwelling rooms. This application is still under review.

On September 1, 2021, the applicant notified the City Clerk that an appeal was submitted to the Ontario Land Tribunal (OLT) due to Council not making a decision within the 90-day time frame for the Zoning By-law Amendment as outlined 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. The OLT has scheduled a hearing from September 26, 2022 to October 4, 2022. Mediation sessions were held on May 27, 2022 and June 1, 2022.