3585 and 3595 St. Clair Avenue East, 636 to 646 and 641 to 663 Danforth Road, and 411 and 415 Kennedy Road - Official Plan Amendment, Zoning Amendment, Draft Plan of Subdivision - Appeal Report

Clair Avenue East and 641 to 663 Danforth Road On September 21, 2022, the Applicant appealed the applications collectively to the Ontario Land Tribunal due to City Council not making a decision within the time frame legislated by the Planning Act. A separate application for rental housing demolition was also submitted on October 27, 2020 to permit the demolition of 8 rental units located at 636 to 646 Danforth Road but is not subject to the appeal. Two related site plan applications subsequently filed on April 27, 2022 in respect to 3585 and 3595 St. Clair Avenue East are also not part of the subject appeal. The combined proposals under the original applications were subsequently revised in June 2022 to permit the construction of 7,391 new dwelling units overall in up to 14 new high-rise mixed use apartment towers ranging in height from 19 to 58-storeys on stand- alone or shared podiums of varying heights. The overall development is comprised of approximately 496,980 square metres of residential uses, 17,112 square metres of retail space, a new GO station entrance building and approximately 4,531 square metres of community use space, still representing an overall density ("FSI") of 4.88 times over the combined site area. The draft plan of subdivision proposed for the area south of St. Clair Avenue East, easy of Danforth Road, would establish 8 new development blocks, introduce new public streets and create approximately 1.46 hectares of new parkland. An initial Case Management Conference on the owner's appeals was conducted by Ontario Land Tribunal on February 16, 2023. A second Case Management Conference is now scheduled for May 26, 2023 to finalize the status of remaining potential parties and participants, and commence further procedural discussions in preparation for a hearing. One or more additional Case Management Conferences may also be required. No date or duration for the full hearing has been set yet by the Tribunal. City Planning Staff do not support the application in its current form as issues related to the appropriate level of development on site, including built form, massing and transition, servicing capacities and transportation considerations have not been adequately addressed. This report recommends that the City Solicitor, with the appropriate City staff, attend the Ontario Land Tribunal hearing to oppose the application in its current form. The report also recommends that staff be authorized to continue discussions with the Applicant to resolve outstanding issues.

3. City Council defer making a decision at this time on the Rental Housing Demolition / Conversion Application (File Number 20 211505 ESC 20 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the eight (8) existing rental dwelling units at 636 to 646 Danforth Road, and instruct staff, if necessary, to report on the Rental Housing Demolition/Conversion Application to City Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment Application (File Number 20 211279 ESC 20 OZ) appeal for the lands at 411 and 415 Kennedy Road and 636 to 646 Danforth Road. 4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request the Tribunal that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan Amendment(s) and Zoning By-law Amendment(s) are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. for any Final Order in respect to 636 to 646 Danforth Road, that City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or it has been determined that a holding provision is required in the Zoning By-law amendment(s); d. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer & Executive Director, Engineering and Construction Services; e. the owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; f. the owner has addressed all outstanding issues raised by Urban Forestry (Tree Protection and Plan Review) as they relate to compliance with the Toronto Green Standards, including the parts of the ecology section, which pertain to existing and proposed trees and soil volume requirements; and g. the City's conditions of subdivision approval, including all parkland dedication and improvement related matters, and requirements stemming from the review and acceptance of appropriate functional servicing reports referenced in (c) above have been finalized and submitted for inclusion in the Tribunal's Final Order. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.