Item - 2022.EY33.13

The Etobicoke 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 Zoning By-law Amendment appeal for the lands at 1325-1365 The Queensway 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 appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the owner has addressed the outstanding issues raised by Engineering and Construction 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 City Solicitor;

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

d. the owner has provided a revised Transportation Impact Study, if required, such report to be reviewed and its recommendations implemented to the satisfaction of the General Manager, Transportation Services;

e. the owner has provided a revised Pedestrian Wind Study, with a wind tunnel study, with such report to be reviewed and its recommendations implemented as part of the amending Zoning By-laws and/or secured as a legal convenience in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

f. the submitted Compatibility and Mitigation Study for Air Quality, Dust, Odour, Noise and Vibration, has been peer reviewed by qualified third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, and the implementing amending Zoning By-laws are enacted prior to the earlier of September 18, 2022 or the day the City passes a Community Benefits Charge by-law, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act, securing appropriate services, facilities and other community benefits as may be required by the Chief Planner and Executive Director, City Planning.

4. In the event the Ontario Land Tribunal allows the appeal in whole or in part and the implementing amending Zoning By-laws are enacted after the earlier of September 18, 2022 or the day the City passes a Community Benefits Charge by-law, City Council authorize the City Solicitor to secure community benefits and other matters in support of the development in a development 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.

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

On August 10, 2020, a Zoning By-law Amendment application was submitted to permit the development of a mixed-use development at 1325-1365 The Queensway, in conformity with the Official Plan designation. On July 26, 2021, a revised Zoning By-law Amendment application was submitted which altered the proposal to be an 11-storey mid-rise building, a 37-storey tower and a 44-storey tower, connected by a three-storey base building and containing a total of 1,187 residential units. A total of 1,333 square metres of non-residential space is proposed for two daycares and a total of 77,527 square metres is proposed for residential uses. The 44-storey tower would have a height of 141 metres, excluding the mechanical penthouse. The proposed development would have a total Gross Floor Area of 78,860 square metres, which would result in a Floor Space Index (FSI) of 8.98 times the lot area.   

The applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the prescribed time frames set out in the Planning Act. The first Case Management Conference (CMC) was conducted on April 4, 2022 for the OLT Case No. OLT-21-001793. A 10-day hearing has been scheduled for April 10, 2023.

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.