Item - 2021.TE25.7

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 1134-1140 Yonge Street and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Local Planning Appeal 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 all 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;

d. the owner has submitted an updated Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources, including evaluation of the south brick wall and chimney at 1140 Yonge Street, and a conservation strategy for the on-site significant heritage resources, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

e. the properties at 1134 and 1140 Yonge Street are designated under Part IV, Section 29 of the Ontario Heritage Act;

f. the owner has entered into a Heritage Easement Agreement with the City for the properties at 1134 and 1140 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including execution and registration of such agreement to the satisfaction of the City Solicitor; and

g. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Recommendation 2.d. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

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

On September 2, 2020, an Official Plan and Zoning By-law Amendment application was submitted to permit a 13-storey mixed-use building at 1134-1140 Yonge Street. The property at 1140 Yonge Street is currently listed on the Toronto Heritage Register. The property at 1134 Yonge Street is not currently listed, however, Heritage Planning will be pursuing a designation as part of this application. Both buildings are proposed to be altered and incorporated as part of the development.

On January 6, 2021, the applicant appealed the application to the Local Planning Appeal Tribunal ("LPAT") due to Council not making a decision within the 90-day time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the LPAT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.