Item - 2021.TE29.8

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 Zoning By-law Amendment appeal for the lands at 429-455 Richmond Street East and 69-75 Ontario Street and to continue discussions with the owner in an attempt to resolve outstanding issues.

2. Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

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

b. the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to a parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c. the owner has submitted a Transportation Demand Management plan, to the satisfaction of the General Manager of Transportation Services;

d. the owner has submitted a revised pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures implemented through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has submitted revised Functional Servicing and Stormwater Management, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner’s sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the owner has entered into and registered on title to the lands, an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development.

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

The Zoning By-law Amendment application was submitted on December 31, 2019, and was deemed complete on January 28, 2020. The current application proposes to permit a 38-storey (128.5 metres including the mechanical penthouse), 21,653 square metre mixed-use building containing 354 dwelling units, 394 square metres of retail space, 357 bike spaces and 76 vehicle parking spaces at 429-455 Richmond Street East and 69-75 Ontario Street.

On April 1, 2021, the applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame under 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.